SA considers quotas for foreign nationals

THE government appears not to know the number of foreign nationals in the country’s labour market and is considering introducing quotas to limit them from competing for the few available technical and low skilled jobs.

- LOYISO SIDIMBA

The national labour migration policy approved by Cabinet this week, has noted that imposing quotas is a worldwide phenomenon and that European Union member states also implement such measures for managing labour migration from developing countries.

In South Africa, the Constitutional Court in 2022 affirmed that the constitutional reservation of the right to trade, occupation or profession to citizens is not uncommon in democracies and that the country has an obligation to protect its citizens’ interests.

Despite the apex court's judgment, the policy also accepted that a number of Supreme Court of Appeal rulings have found that the total exclusion from work of migrant workers, or particular categories, may amount to the impairment of the constitutional right to human dignity.

However, the government admitted that such a move would require enabling legal provisions.