Notwithstanding these statutory prescriptions, certain unscrupulous employers still find occasion to flout the Immigration Act and employ foreigners in the absence of a valid work permit, often for reasons of convenience. In other instances, the employer is relatively blameless, such as where the work permit of an employee who has been in its employ for a period of time expires, leaving the employer in a quandary. The law has developed to include protections for such employees. The Labour Court has found, in the well-known case of Discovery Health Limited v CCMA & Others [2008] 7 BLLR 633 (LC), that foreign employees enjoy the same protections afforded by the Labour Relations Act 66 of 1995, as amended (“the LRA”), regardless of their legal status.

In other words, an employer is not entitled to simply jettison its obligation to ensure that both substantive and procedural fairness is observed when dismissing an employee who does not have a work permit. Employers are however often unsure as to how the issue should be addressed when they discover that they employ a foreigner who is employed in contravention of the Immigration Act.

Section 188 of the LRA places obligations on the employer to ensure that the dismissal is for a fair reason (substantive fairness) and is in accordance with a fair procedure (procedural fairness). The classification of the ground for the dismissal and the consequent procedure followed by the employer has a direct bearing on the fairness of the termination. An employer who applies the incorrect ground and consequently follows the incorrect procedure falls foul of the LRA resulting in an unfair dismissal and the risk of having to reinstate the employee and/or pay compensation (although in a case involving a foreign employee without a work permit reinstatement would most likely not be an appropriate remedy). In addition, a dismissal for operational requirements necessitates the payment of a severance package which has adverse financial implications for an employer. It is therefore important for the employer to ensure that it correctly contextualises the reason for the termination and that it follows the correct process.

There has been uncertainty about the appropriate ground for the termination of employment in circumstances where a foreigner’s work permit expires whilst in the employ of the employer. In particular, a debate has arisen about whether the dismissal is for reasons of incapacity or for operational requirements.

To determine the cause of the termination it is important to consider the factual cause of the dismissal. As a general rule, dismissals for operational requirements are related to the economic, structural, technological or similar needs of the business. These factors are external to the employee. Incapacity, on the other hand, is understood as the inability of the employee to perform either as a result of a lack of the required skill, knowledge, ability to do the job or as a result of illness or injury. These are factors which are internal to the employee. This distinction has however evolved in recent years and the distinction is not always clear to maintain.

In SACWU & Others, v Afrox Ltd (1999) 20 ILJ 718 (LAC) the Labour Appeal Court (“LAC”) relied on the concept of causation in determining the true reason for the dismissal. This case was concerned with establishing whether the employees had been dismissed for striking or for the operational requirements of the employer. 

The principles applied by the LAC are helpful:
[32] The enquiry into the reason for the dismissal is an objective one … The issue (the reason for the dismissal) is essentially one of causation…. The first step is to determine the factual causation: was participation [in] … the protected strike a sine qua non for the dismissal… put another way, would the dismissal have occurred if there was no … strike. If the answer is yes, then the dismissal was not automatically unfair. If the answer is no, that does not immediately render the dismissal automatically unfair, the next issue is one of legal causation …. Whether such participation or conduct was the “main”, or “dominant” or “proximate” or “most likely” cause of the dismissal.

In Samancor Tubatse Ferrochrome v MEIBC & Others [2010] 8 BLLR 824 (LAC), an employee who was unable to perform due to being incarcerated was dismissed for “operational incapacity”. The LAC held that the concept of incapacity is broader than ill-health or poor performance and would include external legal circumstances which are beyond the employee’s control and which prevent the employee from being able to perform.

This reasoning was followed in Armaments Corporation of South Africa (SOC) Ltd v CCMA & Others (2016) 37 ILJ (LC), where the Labour Court confirmed that dismissals for incapacity can take other forms, such as imprisonment and military call-ups, which incapacitate the employee from performing his obligations in terms of his contract of employment.

This broader understanding of the concept of incapacity was again confirmed in First National Bank — A Division of First Rand Bank Ltd v Commission for Conciliation, Mediation & Arbitration & others (2017) 38 ILJ 2545 (LC). This case concerned the dismissal of an employee who failed, on numerous occasions, to obtain qualifications required in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS”). It was a term of the employee’s contract of employment that he should be qualified in terms of the statutory requirements of FAIS. The employer convened an incapacity process and dismissed the employee on the grounds of incapacity. The employee challenged the fairness of his dismissal by arguing that the employer had selected the wrong ground for dismissal and to the extent that the employer wished to dismiss him, it should have done so for operational requirements.

The Labour Court in FNB confirmed that the LRA recognises forms of incapacity broader than poor performance or ill-health and injury. After considering both the Samancor and Armscor judgments, the Labour Court confirmed that where an act of Parliament prohibits a certain type of employment, the continued employment is not possible on the grounds of incapacity, and not operational requirements.
The operation of the Immigration Act is no different. The Immigration Act precludes the employment of a foreigner who does not have a valid work permit. If an employee’s work permit expires, the employer is unable to satisfy the legal obligations demanded of it by the Immigration Act. In these circumstances, it may be appropriate for the employer to terminate the employment relationship by relying on the ground of legal incapacity.

Registering as an Importer
1.    South African Revenue Service (SARS) Registration: Complete required forms and provide documentation.
2.    Obtain Import/Export Number: Necessary for customs clearance.
3.    Verify Tax Compliance: Ensure VAT registration and tax compliance.

Import Procedures                                                                                                                                                                                    1.    HS Code Classification: Determine duties and taxes using Harmonized System codes.
2.    Necessary Permits: Apply for permits for restricted goods (agricultural products, chemicals, pharmaceuticals).
3.    Import Documentation: Commercial invoice, packing list, certificate of origin.
4.    Customs Clearance: Submit documentation, pay duties and taxes.

Cost Estimation
1.    Customs Duties: Calculate using SARS import duty calculator.
2.    VAT (15%): Applied to import value plus duties.
3.    Logistics Costs: Shipping, insurance, handling fees.

Restricted and Prohibited Goods
1.    Agricultural Products: Certain restrictions apply.
2.    Hazardous Materials: Prohibited or heavily regulated.
3.    Electronics: Specific types restricted.

Finding a Customs Broker
1.    Expertise: Assist with documentation, compliance, customs clearance.
2.    Time-Saving: Streamline import process.
3.    Error Reduction: Minimize mistakes.

Additional Resources
1.    South African Revenue Service (SARS): Import requirements, regulations.
2.    South African Bureau of Standards (SABS): Product standards, certification.
3.    US Department of Commerce: Export regulations, guidance.

Comparison with USA Laws
1.    Customs Duties: Tariff schedules differ (HS vs. HTSUS).
2.    Import Permits: Specific requirements vary.
3.    Product Standards: Certification processes differ (SABS vs. FDA/EPA).
4.    Documentation: Formats and requirements differ.

Conclusion
Understanding South African import/export regulations ensures compliant business operations. USA entrepreneurs can navigate complexities, minimize delays and position themselves for success in the South African market.

Navigating the complex world of corporate immigration can be daunting, especially when faced with a myriad of technical terms and legal jargon. Whether you’re an HR professional managing international assignments, a business leader expanding into new markets, or an expatriate trying to understand your visa options, having a clear understanding of immigration terms is key.
This comprehensive glossary is designed to simplify corporate immigration for you, breaking down essential terms and concepts into easy-to-understand language.

Term  -  Definition
Adjudicating Authority  -  The Adjudicating Authority refers to the official body or government agency responsible for reviewing and making final decisions on visa applications.

Application  -  This is another term for “Submission” of your application, including all required documents and forms.

Apostille  -  A certification that authenticates the origin of a public document for use in another country.

Assignee  -  An employee who is assigned to work in a different location for a temporary period.

Assignee Management  -  The process of managing employees who are assigned to work in a different location.

Business Permit  -  Authorisation granted by a government to conduct business activities in a specific location.

Business Traveler  -  An individual who travels for business purposes.

Business Visa  -  A visa that allows the holder to engage in business activities in a foreign country.

Compliance: Employment  -  Adherence to laws, regulations, and standards related to employment practices.

Consulate  -  A diplomatic office of a country in a foreign city that provides services to citizens of the home country.

Corporate Assignees  -  Employees who are assigned to work in a different location for a company.

Corporate Housing  -  Furnished accommodation provided by companies for their employees on temporary assignments.

Corporate Housing  -  Furnished accommodation provided by companies for their employees on temporary assignments.

Corporate Immigration  -  The process of managing immigration matters for employees moving to a foreign country for work.

Corporate Immigration Program  -  A program designed to manage immigration matters for a company’s employees.

Corporate Visa  -  A visa issued to individuals traveling for business purposes on behalf of a company.

Critical Skills  -  Skills that are considered essential for a particular industry or sector, often identified by governments as being in high demand and necessary for economic growth.

Cultural Training  -  Training that helps individuals understand and adapt to different cultures, often provided to employees relocating to a new country.

Data Compliance    Adherence to laws and regulations related to data protection and privacy.

Dependant Visa    A visa granted to dependents of a primary visa holder, allowing them to accompany the primary visa holder to a new country.

Destination Services  -  Services provided to individuals or families relocating to a new location, including orientation, housing, and schooling assistance.

Document Authentication  -  The process of verifying the authenticity of documents for immigration purposes.

Document Legalisation  -  The process of certifying a document for international use.

Document Procurement  -  The process of obtaining necessary documents for immigration purposes.

Embassy  -  The diplomatic mission of one country in another country.

Embassy Appointment  -  An appointment made to visit an embassy for visa or other consular services.

Employee Experience  -  The overall experience an employee has within an organisation, including their interactions, satisfaction, and engagement.

Enterprise Mobility  -  The use of mobile technology to improve business processes and employee productivity.

EuRA  -  European Relocation Association, an organisation representing relocation service providers.

Expatriate  -  An employee who is sent to live abroad for a defined period while remaining employed by their home company.

Expatriate Management  -  The process of managing employees on international assignments.

Foreign Labour Law  -  Laws and regulations governing the employment of foreign workers.

Foreign Talent  -  Individuals with skills or expertise sought by companies in a foreign country.

Fully Managed Move  -  A relocation service where all aspects of the move are managed by a third-party provider.

Future Work  -  The concept of how work will be performed in the future, often including remote and flexible work arrangements.

Global Mobility  -  The process of relocating employees for international assignments.

Global Workforce  -  A workforce that is spread across multiple countries, often requiring international mobility and management.

Highly Skilled Immigration  -  Immigration programs that target individuals with high levels of skill, often in fields experiencing shortages.

Highly Skilled Visa  -  A visa category that is designed for individuals with high levels of skill or expertise, often targeting professions that are in demand in the destination country.

Home Leave Trip  -  A trip back to one’s home country during an international assignment.

HR Director  -  The head of the human resources department in an organisation.

Immigration Consultant  -  An individual or company that provides advice and assistance on immigration matters.

Immigration Costs  -  Costs associated with immigration processes, including visa fees and legal fees.

Immigration Costs  -  The costs associated with immigration processes, including visa fees, legal fees, and relocation expenses.

Immigration Fines  -  Fines imposed for violations of immigration laws and regulations.

Immigration Lawyer  -  A legal professional specialising in immigration law, providing advice and assistance on immigration matters.

Immigration Lawyer  -  A legal professional who specialises in immigration law and provides advice and representation to individuals and companies navigating the immigration process.

Immigration Practitioners  -  Professionals who provide legal advice and services related to immigration.

Immigration Risks  -  Potential risks and challenges associated with immigration, including legal, financial, and logistical issues.

Immigration Stamps  -  Stamps placed in a passport to indicate entry or exit from a country.

Immigration Supplier  -  A company that provides immigration services to individuals or companies.

International Employee Relocation  -  The process of moving employees to a foreign country for work.

International Movers  -  Companies that specialise in moving goods internationally, providing relocation services for individuals or companies.

International Recruitment  -  The process of recruiting employees from foreign countries to work for an organisation.

International Transfer  -  The transfer of an employee to a foreign location for work.

Intra-Company Transfer  -  The transfer of employees within the same company to a different location, often involving the relocation of employees to a branch or subsidiary in another country.

ISO Compliance  -  Adherence to the standards set by the International Organisation for Standardisation.

Labor Market Testing  -  A process to determine if there are suitable local candidates available before hiring foreign workers.

Legal Compliance  -  Adherence to laws and regulations related to legal matters.

Legalisation  -  The process of certifying a document for international use.

Long Stay Visa  -  A visa that allows the holder to stay in a country for an extended period.

Long-Term Assignment (LTA)  -  An international assignment lasting more than a year.

Mobility Costs  -  Costs associated with employee mobility, including relocation and immigration.

Mobility Manager  -  The person responsible for managing employee mobility, including relocation and immigration.

Mobility Project Manager  -  The person responsible for managing mobility projects, including relocation and immigration.

Mobility Reporting  -  Reporting on mobility activities, including relocation and immigration.

Mobility Team  -  A team responsible for managing employee mobility, including relocation and immigration.

Partner Visa  -  A visa granted to the partner or spouse of a primary visa holder, allowing them to accompany the primary visa holder to a new country.

Passport  -  A travel document issued by a government that certifies the identity and nationality of the holder.

Permanent Leave to Remain  -  Permission to stay in a country indefinitely.

Permanent Residence Permit  -  A permit that allows the holder to reside in a country indefinitely.

Permit Check  -  A check to verify the validity of a work permit.

Points Based Immigration  -  An immigration system where individuals are awarded points based on specific criteria such as education, work experience, language proficiency, and age. Applicants must reach a minimum points threshold to qualify for immigration.

Power of Attorney  -  A legal document that gives one part, the power to act on behalf of another person.

Premium Lounge (VFS)  -  The VFS Global Premium Lounge includes: Separate lounge with personalised service by dedicated staff, refreshments, and faster submission of applications.

Professional Employer Organisation (PEO)  -  A company that provides comprehensive HR solutions for other businesses, including employment and compliance services.

Relocation Management Company (RMC)  -  A company that provides services to help individuals or families relocate to a new location.

Receiving Entity  -  A receiving entity is the local organisation or company that will be employing the individual who is applying for a work visa.

Relocation Package  -  A package of benefits provided to employees relocating for work, which may include housing, transportation, and other allowances.

Relocation Services  -  Services that assist individuals or companies in relocating to a new location, often including housing, transportation, and other logistical support.

Remote Work  -  Work performed outside of a traditional office setting, often from home or another remote location.

Remote Work Visa  -  A visa that allows individuals to work remotely from a foreign country.

Residence Check  -  A check to verify the validity of a residence permit.

Residence Permit  -  Permission granted by a government to reside in a country for a specified period.

Right to Work  -  Permission granted by a government to work in a specific location.

Scarce Skills  -  Skills that are in high demand and low supply, often targeted by governments to attract skilled workers to address workforce shortages.

Sending Entity  -  A “sending entity” is the organization or company based outside of the country of applciation, that is sponsoring or employing an individual applying for an ICT visa.

Serviced Apartments  -  Fully furnished apartments with amenities and services similar to hotels, typically used for temporary stays.

Short-Term Assignment (STA)  -  An international assignment lasting less than a year.

Social Integration  -  The process of becoming integrated into a new society or community, including adapting to social norms and building relationships.

Sponsor Licence  -  A license granted by a government that allows a company to sponsor foreign workers.

Spousal Assistance  -  Support provided to the spouse of an employee on an international assignment, including job search assistance and cultural integration.

Spousal Visa  -  A visa granted to the spouse of a foreign national to accompany them to another country.

Streamlined Immigration Process  -  An immigration process that has been simplified or made more efficient, often through the use of technology or improved procedures.

Submission  -  This is another term for “Application” where the applicant submits all required documents and forms.

Submission  -  The act of submitting documents or applications for immigration purposes.

Talent Acquisition  -  The process of identifying, attracting, and hiring skilled individuals to fulfill organisational needs.

Talent Acquisition (TA)  -  The process of identifying and recruiting skilled employees.

Talent Retention  -  Strategies and practices aimed at retaining talented employees within an organisation.

Visa  -  A document issued by a country’s government that allows the holder to enter, leave, or stay for a specified period of time in that country.

Visa Appeal  -  The process of appealing a visa decision.

Visa Application  -  The process of applying for a visa.

Visa Check  -  A check to verify the validity of a visa.

Visa Exemption  -  An exemption from the requirement to obtain a visa for entry into a country.

Visa Extension  -  The process of extending the validity of a visa.

Visa Forms  -  Forms required to apply for a visa.

Visa Interview  -  An interview conducted as part of the visa application process.

Visa Management  -  The process of managing visas for employees traveling to foreign countries for work.

Visa Outcome  -  This is the outcome or ressult of a Visa Application. It can either be a successful application with the visa, or a rejection letter with reasoning.

Visa Parameters  -  The conditions and restrictions associated with a visa.

Visa Rejection  -  The refusal of a visa application.

Visa Renewal  -  The process of renewing a visa.

Visa Sponsor  -  A company or organisation that sponsors a foreign national for a visa.

Work Authorisation  -  Permission granted by a government to a foreign national to work in that country.

Work Endorsement  -  Authorisation to work in a specific job or occupation.

Work From Anywhere (WFA)  -  A work arrangement that allows employees to work from any location.

Work Permit  -  An official document that allows a foreign national to work in a specific country for a specified period.

Work Visa  -  A visa that allows the holder to work in a foreign country.

With this glossary, you’ll have the foundational knowledge needed to make informed decisions and ensure smooth transitions in your global mobility efforts.

The letter
What will follow after the discussion between the couple, normally, is a handwritten letter from the groom and his father, requesting to meet on a potential date to initiate discussions for lobola and effectively, permission from the parents of the women, to wed the woman. The letter will briefly outline the groom’s clan names and surname, and will state clearly the intentions of the meeting.
The letter cannot be delivered by the groom or his dad, it can be delivered by a messenger in the form of a male figure, be it a teenage boy, a cousin.

The negotiators
Once accepted, both families will form a panel of negotiators, known as abakhongi. The abakhongi from the groom’s side can be a mix of trusted and skilled lieutenants and negotiators, who will be required to put the groom’s best foot forward and also tasked with negotiating a decent lobola price for the groom.

The abakhongi can be a mix of friends, mentors and family. They will form part of all future delegations and will also be roped in to mediate in marital disputes in the future, should they arise.
The abakhongi will be lead by a chief mkhongi, who is the leader of the delegation and who would be handsomely rewarded at the culmination of the wedding by the bride’s family, usually with a sheep or goat. The mkhongi’s wife would also be serenaded with a gift or two, usually in the form of pinafores, blankets and scarves, as a token of appreciation.

On the brides end, the abakhongi are typically constituted of the father’s brothers or cousins. The father is typically not allowed to form part of the negotiators, he is represented by his brothers in the process, who will act in his, the bride and the family’s best interest.
Once the grooms abakhongi have arrived, they will shout the bride’s clan names at the gate, usually in scorching heat, until the family responds. Normally, a young child will be sent to the gate to find out who is there. The child will be coached to play dumb, and the abakhongi will respond by issuing a cash note to the child, who will then awaken from their slumber to deliver the message in the house. The child may then return to open the gate.

The negotiations
Once received and inside the house or hut, the two panels will seek to outwit each other in the negotiations for several hours, but first, a vulamlomo (a treat), either in cash or a bottle of alcohol, will be required to get the hosts to partake in any discussion. Once that hurdle has passed, after several hours of to-ing and fro-ing, there will be battles to outdo each other in Zulu knowledge, customs and even quarrels about who knows which hills, rivers and key landmarks that form part of the rich Zulu heritage.
In between all of this, there could still be fines issued in the form of cash. The groom does not form part of the negotiating delegation and there will be a game of spot the bride.

Men must be clothed respectfully, in jackets, no matter the weather. Not wearing and taking off the jacket without permission, may be punishable with a fine.

The bride price
At the end of the day, the groom will deliver the first down payment in the form of cattle (or cash in urban settings) - or all of them. However, no matter the bride price, it is not uncommon for the groom to never fully pay the amount. There is an isiZulu phrase which states “umfazi akaqedwa,” which loosely translates never pay the full bride price.
Taken literally it may seem a bit harsh and patriarchal in a sense, but the reason behind it, is that the groom could still be expected to play some role in the bride’s family in future, whether it be small contributions to burials in future, helping the brides parents or siblings, or any other contribution.

With the above context in mind, the bride price is typically 11 cows, but it is the job of the groom’s abakhongi to negotiate the best deal possible, normally in the form of paying or committing to a fraction of the price of a cow. The price for each of the 11 cows is not the same, with the first two normally ring fenced specifically for the brides mum and dad. These are the most expensive of the cows, with the rest normally to be haggled on furiously by the abakhongi.
Traditionally, the lobola cows (or cash in urban settings) required, would be funded by the groom’s father, with cattle from his kraal, but such is the South African lexicon these days, most grooms have to fund the process out of pocket or for those still fortunate enough, with some assistance from family members.

The bonafide marriage certificate
Once the negotiations conclude, the appointed secretaries, one on each side, will document the negotiations and each member that forms part of the delegation on both sides, will sign the document. This effectively becomes an exhibit in the couple’s marriage contract, which will then be signed, “stamped and sealed”, by any form of a customary celebration between the two families.
After hours of negotiating, the delegation will be served lunch and they will return home to give the groom feedback. However, if the groom is lurking in the bushes, he would normally be invited to the lunch and it is argued that any ensuing celebrations and matching attires, could seal the fate of the couple in that they have now concluded a marriage, under the Recognition of Customary Marriages Act of 2021.

It is not uncommon in places like Joburg and Durban, for couples to hold lobola negotiation celebrations, a practice which is frowned upon back in rural KZN.

It is also important to note that marriages recognised under customary are only between a man and a woman, and they must be over the age of 18. The couple must be found to have had the intention of getting married under customary law, the marriage must have been negotiated and entered into in the form of a celebration. This is according to Section 3(1) of the aforementioned act.
For gay, lesbian or/and the LGBTI+ community, the unions are only recognised under the Civil Union Act in South Africa.

The membeso
After lobola, the bride’s family would host the groom and his family, in an umembeso pre-wedding ceremony, where the two families would effectively come together for the first time and further exchanges of goats, sheep and gifting - from the grooms family to the hosting brides family, would take place.

Gifts can be in many shapes and forms, from bedroom linen sets for the brides mum, to leather shoes, a suit and designer trench coat for the bride’s dad, to pinafores, blankets, scarves for the rest of the family. The gifts are in recognition and appreciation for raising the bride for the groom’s family.

After umembeso, the groom will then invite the bride’s family to umabo (the final wedding), where the bride will finally leave her family and formally join her new family after entering the kraal or ingesting inyongo (bile) from a goat. In the week leading up to the umabo, the bride’s family will bring umbondo - which is basically groceries to help the groom prepare the feast during umabo.

The final wedding ceremony
During umabo, at least a cow each on each side would be slaughtered, and as a sign of respect and goodwill, the families will trade a leg each from each cow to seal the union. In terms of the gifting, during umabo, it is the brides family that will now come bearing gifts for the grooms family and the elders.
There will also be lots of singing and dissing each other in song, but there will also be lots of feasting and camaraderie, as the two families come together.

It is a long, arduous and expensive journey, but with the long journey now concluded, it is probably important to warn couples to conclude any and all antenuptial contracts before engaging in any lobola discussions to safeguard both parties, as the lobola process can be viewed as akin to signing a marriage certificate in community of property.

The issue of lobola being or potentially being equated to marriage is now well established in case law, most notably during the HHP (Jabulani Tsambo) saga, where his partner Lerato Sengadi, who they had separated from at the time of his death, showed in the high court and the Supreme Court of Appeals that she was the former rapper’s legal wife after she was able to prove he had paid lobola for her and produced photographic evidence that a celebration took place.

There is much debate in legal circles and contradicting views about the question of lobola as marriage and the validity of an ANC concluded after lobola negotiations.

So for couples in long, stable relationships, it is most financially and legally prudent to exercise great care before entering into lobola negotiations. Should the couple not wish to marry in community of property - and this is the default regime recognised under customary law, it would be best to conclude and register an ANC contract before the uncles come calling.

Of course, post nuptial contracts are an option for those who have not registered their marriage regimes properly, but they are far more expensive and would include the couple having to appear before a judge at the High Court. With a valid ANC, preferably concluded before any lobola process, this is not necessary and it costs a fraction of the price of a postnuptial contract.

So before celebrating the promise kept, it would be most logically, legally and financially prudent, to have the tough and uncomfortable discussions about financial planning, marriage regimes, prenups and the inherent consequences, first.
So, is it time to cancel lobola? No, not at all, but it is perhaps important to re-think how we engage with lobola and realize how much power it and our customs truly have over us.

When international assignees relocate to South Africa, their spouses often face significant challenges, particularly when it comes to finding employment. Despite their valuable skills and education, accompanying spouses are currently not permitted to work in South Africa. This restriction can have far-reaching implications for the success of international assignments, affecting both the assignees and their families.

The Role of Spouses in International Assignment Success
The spouse's satisfaction with their new life in a foreign country plays a crucial role in determining the success of an international assignment. A dissatisfied spouse can lead to an unhappy family, potentially resulting in the assignee returning home earlier than planned. This, in turn, can disrupt the entire assignment and have significant consequences for the assignee's career and the company's business operations.

Global Best Practices
In many parts of the world, the right to work is extended to the spouses of international assignees. This practice acknowledges the significant role spouses play in the success of relocations and supports them in continuing their careers, contributing to the local economy, and integrating into the community. South Africa, however, has yet to adopt such a policy, despite the obvious benefits it could bring.

The Case for Allowing Spouses to Work in South Africa
Allowing the spouses of Critical Skills Work Visa holders to work in South Africa could have numerous benefits. Many foreign spouses are highly educated and possess valuable skills that could greatly benefit the South African economy. By preventing them from working, South Africa is not only denying these individuals the opportunity to contribute meaningfully to society but is also missing out on potential tax revenue and the valuable transfer of skills that could occur.

A Path Forward for South Africa
Extending the right to work to the spouses of foreign workers may be a difficult policy to implement, but it is worth considering. By allowing spouses to work, even if limited to certain visa categories, South Africa would send a strong message that it values the holistic success of international assignees and their families. This could enhance South Africa's appeal as a destination for international talent, ensure the success of international assignments, and benefit from the skills and contributions of highly qualified foreign spouses.
In conclusion, the current policy restricting accompanying spouses from working in South Africa is a topic that deserves serious consideration. By reevaluating this policy, South Africa can take a significant step towards becoming a more attractive destination for international talent and ensuring the success of international assignments.