To: The Portfolio Committee on Employment and Labour
Parliament of the Republic of South Africa
Subject: A Call for Meaningful Protection of South African Job Seekers, Including Unemployed Adults Aged 40 and Above
Dear Honourable Chairperson and Members of the Portfolio Committee,
I am writing to express my concerns regarding the Employment Services Amendment Bill [B16–2026], particularly its implications for South African citizens who are struggling to secure employment in their own country.
I submit this representation as an unemployed South African citizen who is actively searching for work. I am 44 years old, willing to work and eager to contribute meaningfully to the economy. Yet, despite my efforts, finding employment has been extremely difficult. One of the challenges I repeatedly encounter is being told that I am overqualified for positions for which I apply.
This leaves me in a difficult position. I am not yet at retirement age, I still have skills to offer, and I still need to earn a living. However, I often feel caught between a labour market that expects experience and qualifications and an employment process that can treat those very attributes as a disadvantage.
My experience is not unique. I know many people in my age group who are facing similar difficulties. We are too old to fall within the youth category, yet we are far from retirement. We still have families to support, responsibilities to fulfil and a genuine desire to work. We cannot simply be overlooked because of our age, nor should our experience become a barrier to earning an honest living.
At the same time, South Africa's young people are struggling to find employment. Many are expected to obtain formal qualifications in a country where education and training can be expensive and inaccessible to those without sufficient financial resources. Even after investing time and money in their education, many young people remain unemployed.
This raises an important question: if both our youth and experienced adults are struggling to access employment, what practical measures are being introduced to ensure that South Africans have a fair opportunity to work?
My concerns regarding competition for general employment
I recognise that South Africa operates within a legal framework that governs immigration, employment and the rights of people who are lawfully entitled to work in the country. My concern is not to promote hatred or discrimination against foreign nationals. My concern is the protection of employment opportunities for South African citizens in the context of exceptionally high unemployment.
When South Africans who are willing and able to work cannot secure even basic employment, it is reasonable to ask whether employers are making sufficient efforts to recruit locally before turning to foreign recruitment.
Do we have adequate safeguards to ensure that suitably qualified South Africans receive genuine consideration for available positions? Are employers required to demonstrate that reasonable efforts have been made to identify local candidates? Are the proposed measures sufficiently clear and enforceable to prevent the unfair exclusion of South African job seekers?
These questions become especially important when considering general and entry-level positions for which specialised skills may not be required. Where suitable South African candidates are available, I believe there should be transparent and effective procedures to ensure that they receive fair consideration before employers recruit from outside the country.
I respectfully ask Parliament to consider whether the Bill goes far enough in establishing these protections and whether its provisions can be enforced effectively in practice.
The difficult reality facing unemployed South Africans
Unemployment is not merely a statistic. It affects people's dignity, mental well-being, families and ability to meet basic needs.
When a person is willing to work but cannot find employment, even after making repeated applications, the consequences extend beyond financial hardship. It becomes increasingly difficult to afford food, transport, accommodation, education and other essential expenses.
We are expected to obey the law, fulfil our responsibilities and contribute to society. Yet sustained unemployment can make it extremely difficult to meet even the most basic needs. This does not excuse unlawful conduct, but it highlights the urgency of creating genuine pathways into employment.
South Africans should not be left feeling that they have no place in their own economy. Those of us in our 40s and beyond still have productive years ahead of us. We possess experience, knowledge, discipline and skills that can benefit employers and communities. Our age should not make us invisible in employment policies, recruitment practices or government interventions.
I therefore urge the Committee to consider the circumstances of unemployed adults who fall outside conventional youth employment programmes but have not reached retirement age. This group deserves meaningful attention in employment policy.
My recommendations to Parliament
I respectfully request that the Committee consider the following amendments and safeguards:
Strengthen fair consideration for South African job seekers. Where suitably qualified South Africans are available, employers should be required to demonstrate that they have made reasonable efforts to identify and consider local candidates before recruiting foreign nationals, subject to clear and lawful criteria.
Ensure that recruitment for general and entry-level positions is transparent. The legislation should provide practical safeguards against the unfair exclusion of suitable local candidates, while recognising genuine skills shortages and legitimate operational needs.
Recognise unemployed adults aged 40 and above. Employment programmes should not focus exclusively on young people. Adults with experience, qualifications and remaining working years must also have meaningful opportunities to re-enter the labour market.
Strengthen skills development and training. Employers who recruit foreign specialists should, where appropriate, be required to demonstrate meaningful skills transfer and contribute to developing South African workers.
Improve enforcement and accountability. Recruitment requirements, labour standards and applicable immigration laws must be enforced consistently. The effectiveness of the legislation should be measured through transparent reporting and verifiable outcomes.
Address the cost of education and access to qualifications. Government should strengthen affordable vocational training, apprenticeships, skills development and pathways into work for people who cannot afford expensive formal education.
Measure whether the legislation actually improves employment. Parliament should require periodic reporting on local recruitment, skills development, compliance and the effect of the measures on South African job seekers, including older unemployed adults.
Conclusion
Honourable Members, I am not asking Parliament to guarantee me a job or to deny lawful employment opportunities to every foreign national. I am asking for a fair and transparent employment system in which South Africans are not overlooked when they possess the necessary skills and are available to work.
At 44, I am still willing to contribute to this country's economy. I should not have to feel that my experience makes me too old for youth opportunities and my qualifications make me too overqualified for other positions. There must be a meaningful place in the labour market for people like me.
Our young people deserve opportunities to begin their careers, and our experienced adults deserve opportunities to continue theirs. Neither group should be left behind while government and employers fail to address the structural challenges preventing people from accessing work.
I therefore call upon Parliament to ensure that the Employment Services Amendment Bill provides enforceable safeguards, transparent recruitment procedures and measurable improvements in access to employment for South African citizens.
The success of this legislation should not be judged by its promises or political statements, but by whether ordinary South Africans can find work, support their families and participate with dignity in the economy.
I respectfully request that the Committee consider these concerns and strengthen the Bill wherever necessary to ensure that South African job seekers receive meaningful and demonstrable protection.
Thank you for the opportunity to make this submission.
Yours faithfully,
Name: __Loyiso Goniwe____________________________
Province: _Gauteng__________________________
Email address: _loyisogoniwe@gmail.com_____________________