Claims circulating about a so-called June 30 deadline for undocumented immigrants to leave South Africa are false, according to an immigration law specialist. While civic groups have fuelled public anxiety, there is no government-imposed cut-off date and no immediate fines of up to R100 000 for employers.

However, existing immigration and labour laws already regulate the employment of undocumented workers, and legal obligations for employers remain in force.

No June 30 deadline

According to George Herald, the so-called ‘June 30 deadline’ is not a government directive and carries no legal force. It originated from private civic groups, despite public confusion around its meaning. Authorities have confirmed that no legislation begins or ends on that date and that no person’s immigration status changes on July 1.

“There is no June 30 deadline and no, you’re not about to be fined R100 000. There’s a great deal of fear circulating right now and fear is a poor guide to the law. As an immigration lawyer, let me offer some calm, accurate information,” Stefanie de Saude-Darbandi said.

De Saude-Darbandi, an immigration and citizenship law specialist, attorney and notary public, is the director of De Saude Darbandi Attorneys Inc., a firm specialising in immigration, nationality and administrative law.

Proposed fines are not in force

The widely circulated claim that employers face fines of up to R100 000 is also incorrect in the current legal framework. Those penalties form part of a proposed amendment still before Parliament and have not yet been enacted into law. Higher penalties of up to R1m for repeat offenders are also only contained in the draft legislation and are not enforceable at present.

“The R100 000 and up to R1m for repeat offenders comes from a proposed bill still before Parliament. It is not in force, and no one is being fined that today,” De Saude-Darbandi explained.

What the law currently requires employers

Although the proposed penalties are not active, employers already have existing legal duties under immigration and labour law. These include taking reasonable, good-faith steps to confirm that employees are legally permitted to work in South Africa.

“You’re required to make a genuine, good-faith effort to confirm that anyone you employ has the right to work for you. Knowingly employing someone without that right is already an offence. So this isn’t new; the headline number is just a proposal to make the penalties harsher,” she said.

This applies equally to domestic workers, gardeners and other informal employees, and employers are expected to maintain basic proof of compliance.

How enforcement would work

Even under the proposed legislative changes, enforcement would not involve immediate fines or on-the-spot penalties. Instead, labour inspectors would investigate suspected violations and build a case. Only the Labour Court would be able to impose penalties, and only after an application by the Department of Home Affairs. Employers would be given notice and an opportunity to respond before any sanction is considered, and in serious cases criminal prosecution under the Immigration Act 13 of 2002 may follow. Any penalties would therefore be the result of a formal legal process rather than informal enforcement.

Rights of employees

Undocumented workers remain protected under South African labour law and dismissal must still follow proper procedure. A sudden termination without due process could expose an employer to an unfair dismissal claim, in addition to any immigration-related consequences.

Employers are advised to request documentation, retain copies where appropriate and encourage employees to regularise their status. A documented good-faith effort can also serve as protection should disputes arise.

Home visits and document checks

Home Affairs officials and police may not enter private property without a warrant and immigration enforcement is generally limited to public spaces. Any checks must be based on reasonable suspicion that a person is in the country unlawfully.

Private individuals, neighbours or civic groups have no legal authority to demand identity or immigration documents. Such conduct may be reported to authorities.

Practical advice

She cautioned against reacting to misinformation or panic-driven claims, noting that accurate legal guidance protects both employers and employees and should always be based on verified advice rather than circulating rumours.

“If you’re unsure, contact info@dsdlaw.co.za. Do not run to those promising quick papers. The right advice is slower and far safer. None of this condones unlawful hiring, but firing in a panic won’t make anyone leave the country. This is general information, not legal advice. Share freely.”

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