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Pre-Employment Screening Guide South Africa
Complete guide to background checks for hiring. Learn about ID verification, criminal record checks, qualification verification, reference checks, and POPIA-compliant screening for your recruitment process.
1. Why Pre-Employment Screening?
Pre-employment screening is essential for making informed hiring decisions and protecting your organisation. Studies show that 78% of CVs in South Africa contain some form of inaccuracy, from embellished job titles to fabricated qualifications.
Benefits of Screening
- Verify candidate claims
- Reduce hiring risk
- Protect workplace safety
- Meet regulatory requirements
- Avoid negligent hiring liability
- Protect company reputation
Risks of Not Screening
- Unqualified employees
- Workplace safety incidents
- Fraud and theft
- Negligent hiring lawsuits
- Regulatory penalties
- Reputational damage
Negligent Hiring Doctrine
Under South African common law, employers have a duty of care to conduct reasonable background checks. Failure to screen can result in liability for damages caused by employees whose unsuitability could have been discovered through reasonable inquiry.
2. Types of Background Checks
A comprehensive pre-employment screening programme includes multiple verification checks tailored to the role requirements.
ID Verification
ESSENTIALInstantVerify the candidate's identity against the Department of Home Affairs population register.
Purpose: Confirm identity, detect fraud, verify right to work in South Africa.
Process:
- Collect certified copy of ID/passport
- Verify against Home Affairs database
- Confirm name, date of birth, ID number
- For foreign nationals: verify work permit status
- Compare photo to candidate
Legal basis: Employment Tax Incentive Act, Immigration Act
Criminal Record Check
ESSENTIAL24-48 hoursCheck for criminal history through SAPS or authorized providers.
Purpose: Assess risk, protect workplace safety, meet regulatory requirements.
Process:
- Obtain written consent from candidate
- Submit fingerprints or ID for SAPS check
- Or use authorized electronic provider
- Review results for relevant convictions
- Apply proportionality principle
Legal basis: Criminal Procedure Act, POPIA Section 11
Qualification Verification
ESSENTIAL3-7 daysVerify educational qualifications with issuing institutions.
Purpose: Confirm claimed qualifications are genuine and valid.
Process:
- Collect copies of certificates/degrees
- Contact institution directly or via SAQA
- Verify qualification type and date obtained
- Confirm any professional registrations
- Check for qualification fraud
Legal basis: National Qualifications Framework Act, SAQA Act
Employment History Verification
HIGH2-5 daysVerify previous employment history and job responsibilities.
Purpose: Confirm work experience and detect CV fraud.
Process:
- Collect previous employer details
- Contact HR departments directly
- Verify dates of employment
- Confirm job title and responsibilities
- Note reason for leaving (if disclosed)
Legal basis: Common law duty of care, POPIA
Reference Checks
HIGH1-3 daysContact professional references to assess candidate suitability.
Purpose: Gain insight into work performance, character, and reliability.
Process:
- Collect reference contact details
- Verify referee identity independently
- Ask structured questions
- Document responses accurately
- Compare across multiple references
Legal basis: POPIA, common law
Credit Check
CONDITIONALInstantCheck credit history for positions with financial responsibility.
Purpose: Assess financial integrity for roles handling money or assets.
Process:
- Determine if position requires credit check
- Obtain specific written consent
- Request credit report from bureau
- Review payment history and judgments
- Apply to decision proportionately
Legal basis: National Credit Act Section 19(3), POPIA
Driver's License Verification
CONDITIONALInstantVerify driver's license validity for roles requiring driving.
Purpose: Confirm valid license, check endorsements and restrictions.
Process:
- Collect copy of driver's license
- Verify against eNaTIS database
- Confirm license code and validity
- Check for suspensions or restrictions
- Verify professional driving permit if required
Legal basis: National Road Traffic Act
Professional Registration
CONDITIONAL1-3 daysVerify registration with professional bodies where required.
Purpose: Confirm eligibility to practice in regulated professions.
Process:
- Identify required professional registration
- Contact relevant professional body
- Verify current registration status
- Check for disciplinary actions
- Confirm good standing
Legal basis: Relevant professional Acts (e.g., Health Professions Act, Legal Practice Act)
3. POPIA Consent Requirements
Under the Protection of Personal Information Act (POPIA), employers must obtain informed, written consent before conducting background checks.
Consent Requirements
- Written consent: Must be documented and signed
- Specific: List exactly which checks will be conducted
- Voluntary: Candidate must freely agree
- Informed: Explain how information will be used
- Withdrawable: Candidate can withdraw (though job may depend on it)
Sample Consent Clause
"I, [Candidate Name], hereby consent to [Company Name] conducting the following background checks as part of my employment application: ID verification, criminal record check, qualification verification, employment history verification, and reference checks. I understand that this information will be used solely for the purpose of assessing my suitability for employment and will be handled in accordance with POPIA."
Special Personal Information
Criminal records are classified as special personal information under POPIA Section 26. Additional safeguards apply - only process with explicit consent and only consider convictions relevant to the position.
4. Industry-Specific Requirements
Different industries have specific regulatory requirements for employee screening.
Financial Services
Regulations: FICA, FAIS Act, Banks Act
FICA Section 21 requires verification. FSCA requires fit and proper assessments.
Healthcare
Regulations: Health Professions Act, Nursing Act
HPCSA/SANC registration mandatory. Criminal checks required for patient safety.
Education
Regulations: SACE Act, Children's Act
Criminal checks mandatory for working with children. SACE registration required for teachers.
Security
Regulations: PSIRA Act
PSIRA registration and valid certificate mandatory. Criminal record disqualifying.
Transport & Logistics
Regulations: National Road Traffic Act, AARTO
PrDP required for public transport. Valid license verification essential.
Legal
Regulations: Legal Practice Act
Admission as attorney/advocate required. Fidelity Fund certificate needed.
5. Red Flags & Decision Making
| Red Flag | Severity | Recommended Action |
|---|---|---|
| ID number fails verification | CRITICAL | Do not proceed - potential identity fraud |
| Criminal record for relevant offence | HIGH | Assess proportionality, consider role requirements |
| Qualification cannot be verified | HIGH | Request original documents, contact institution directly |
| Employment dates don't match CV | MEDIUM | Clarify with candidate, verify discrepancy |
| Reference won't provide information | MEDIUM | May indicate poor performance - request alternative |
| Gap in employment history | LOW | Ask candidate to explain - may be legitimate |
| Credit judgment for financial role | HIGH | Assess relevance to position, document decision |
| Professional registration lapsed | CRITICAL | Cannot employ until registration renewed |
Proportionality Principle
When adverse information is found, consider whether it is relevant to the position. A historical traffic offence may not be relevant for an office job but is crucial for a driver position. Document your reasoning for any decision based on screening results.
6. The Screening Process
Determine Required Checks
Based on role requirements, regulatory needs, and risk assessment, determine which checks are necessary.
Obtain Consent
Provide consent forms to candidates specifying which checks will be conducted. Get signed consent before proceeding.
Collect Documentation
Gather certified copies of ID, qualifications, and other required documents from the candidate.
Initiate Checks
Submit verifications to relevant databases, institutions, and references. Use automated systems where possible.
Review Results
Analyse screening results. Investigate any discrepancies or red flags.
Make Decision
Apply proportionality principle. Document reasoning if adverse action is taken based on screening results.
Communicate Outcome
Inform candidate of outcome. If rejected based on screening, provide opportunity to respond.
Maintain Records
Store screening records securely in compliance with POPIA. Retain for duration of employment.
7. Best Practices
Do
- Apply checks consistently to all candidates
- Document your process and decisions
- Use authorised screening providers
- Keep records secure and confidential
- Allow candidates to dispute findings
- Train HR staff on legal requirements
Don't
- Screen without written consent
- Discriminate based on protected characteristics
- Use social media for screening decisions
- Share screening results inappropriately
- Auto-reject based on any criminal record
- Keep records longer than necessary
8. Legal Considerations
Employment Equity Act
Screening criteria must not unfairly discriminate on grounds of race, gender, disability, religion, or other protected characteristics. Apply the same standards to all candidates.
Labour Relations Act
Pre-employment checks must be job-related and consistent with business necessity. If you withdraw an offer based on screening, ensure the reason is fair and documented.
National Credit Act
Credit checks may only be conducted for positions where financial history is relevant (Section 19(3)). The candidate must be informed if a credit check will be done.
Criminal Record Expungement
Under the Criminal Procedure Act, certain old convictions may be expunged. If a candidate's record has been expunged, it should not be disclosed or considered.
9. Frequently Asked Questions
What background checks should employers do in South Africa?
Standard pre-employment checks include: ID verification against Home Affairs, criminal record check (with consent), qualification verification with institutions, employment history verification, reference checks, and credit check (for positions with financial responsibility). Additional checks like driver's license verification may be required for specific roles.
Do employers need consent for background checks in South Africa?
Yes, under POPIA employers must obtain written consent from candidates before conducting background checks. The consent should specify what checks will be done and how the information will be used. Without consent, conducting background checks is illegal and can result in penalties.
Can an employer check criminal records in South Africa?
Yes, employers can conduct criminal record checks with the candidate's written consent. Criminal records are checked through SAPS or authorized verification providers. Employers should only consider relevant convictions and cannot automatically disqualify candidates based on any criminal record - the nature and relevance of the offence must be considered.
How long do pre-employment checks take?
ID verification can be instant with electronic systems. Criminal record checks typically take 5-10 business days through SAPS, or 24-48 hours through authorized providers. Qualification verification takes 3-7 days depending on the institution. A comprehensive screening package typically takes 3-5 business days.
Can employers do credit checks on candidates?
Employers can only conduct credit checks when the position involves financial responsibility, access to company finances, or handling of money/assets. Under the National Credit Act, credit checks for employment purposes must be relevant to the position. Consent is required and the candidate must be informed if a decision is based on credit information.
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