The recent Constitutional Court judgment of Scalabrini Centre of Cape Town v Minister of Home Affairs did not change the legal position when employing asylum seekers or other foreign nationals. 

The information giving rise to the violent protests, namely that asylum seekers now have the automatic right to citizenship, employment status, voting, or permanent residency, is false and should be ignored.

Employing foreign nationals without the required legal status is prohibited and can lead to huge fines and criminal prosecution.  Employers are therefore encouraged to verify the authenticity and validity of any visa presented before employing a foreign national. 

Click here to view how such verification can be done.

We encourage employers who employ undocumented foreign nationals to contact their NEASA regional office for immediate assistance.