Deputy labour minister Jomo Sibiya vows action against employers of undocumented foreign workers
Image: Facebook/ Department of Employment and Labour
Deputy Minister of Employment and Labour Jomo Sibiya has warned that the government is "coming for" employers who hire undocumented foreign workers, saying it is concerning that some businesses are not prioritising South Africans for job opportunities.
Sibiya made the remarks on Friday during an inspection drive in Pretoria.
He led a joint blitz operation involving inspectors from the Department of Employment and Labour, the Department of Home Affairs, Gauteng Crime Wardens, the South African Police Service (SAPS) and the Tshwane Metropolitan Police Department.
The operation was aimed at checking compliance with labour laws, immigration legislation and addressing criminal activity in the area.
"It is law enforcement. We have a responsibility as the state to enforce the laws of the Republic. So we came here in Pretoria targeting some companies that we wanted to inspect," Sibiya said in an interview with Newzroom Afrika.
"What we found at the first company we visited is that it is not complying with a number of our labour laws."
He said inspectors were focusing on several key areas.
"We are focusing on issues relating to the Basic Conditions of Employment Act. We are focusing on OHS (Occupational Health and Safety). We are also focusing on the minimum wage to see whether employers are complying with the National Minimum Wage Act, as well as UIF (Unemployment Insurance Fund) and the Compensation Fund."
Sibiya said labour migration was also a major focus of the operation.
"Because it is part of our responsibility, working with Home Affairs as well, to look at who is working in these establishments," he said.
"What we found at the first company is a number of undocumented foreign nationals. There are more than, I think, about 40 that we managed to take into custody."
He said it was concerning that some employers were not prioritising South African workers.
"You saw the bakkies full of them. And we heard that some of them ran away. But it shows that employers are not prepared to prioritise South Africans."
A joint law enforcement operation in Pretoria uncovered labour law violations and dozens of undocumented foreign workers.
Image: Facebook / Department of Employment and Labour
He added that inspectors also found labour law violations affecting workers.
"We also found that they are working long hours and are not being properly paid for overtime. Those are some of the major challenges that we found."
Sibiya said a second business that was inspected was also found to be non-compliant.
"Even here, we came to this company, and they believe they are smart. But, yes, for now, they are smart.
"When we arrived, we knew that 90% of the workers employed here were undocumented foreign nationals. We realised that all of them had been removed before we arrived and had been told to leave.
"We heard it even from some of the workers here that about 30 minutes before we arrived, all of them were removed. It is more than 50 or 60 people we were supposed to find here. You can see this is a huge establishment. It cannot only be the few workers you see here now."
He warned that authorities would continue targeting such employers.
"We are going to target them every day. We also found that their electricity connection is not proper. We are shutting down their electricity. They are not going to be working because they need electricity. Their connections are poor, and they are not complying with our occupational health and safety laws."
The inspection comes amid ongoing protests targeting undocumented migrants.
Tensions over immigration have escalated in parts of the Western Cape, KwaZulu-Natal and Gauteng, with demonstrations aimed at undocumented migrants.
Some foreign nationals have reportedly begun leaving South Africa amid the unrest.
The anti-immigration group March and March has called on undocumented migrants to leave the country by June 30.
The group is also demanding stricter visa controls, a review of asylum policies, action against employers of undocumented workers, accountability for corrupt police officials and restrictions on access to public services for undocumented migrants.
In response to the protests, President Cyril Ramaphosa addressed the nation last Sunday and outlined measures the government plans to implement.
These include intensified arrests and deportations, stricter border controls, reforms to immigration and labour laws, and increased co-operation with African countries to address the root causes of migration.
Meanwhile, Sibiya said law enforcement operations targeting businesses employing undocumented migrants would continue.
"We are going to do this every day. The president has given us a mandate. The president has given us direction.”
Deputy Minister of Employment and Labour Jomo Sibiya has warned that the government is "coming for" employers who hire undocumented foreign workers.
Image: Facebook / Department of Employment and Labour
“Employers who want to continue employing undocumented foreign nationals instead of prioritising South Africans must know that, as the state, we are going to be on top of them.
"I know they have other companies. We are going to go to those companies as well. Today we are at this one; tomorrow we will be at another. This is an everyday commitment."
He said the department was also working to reform labour legislation.
"As you know, we are working hard to reform our laws. We are recruiting 10,000 inspectors, as the president announced during the State of the Nation Address.
"Those 10,000 inspectors are going to take us far. We are going to reach many more employers. We are going to quadruple the work that we are doing in the country and have a huge impact on the ground."
Sibiya said the department had proposed significantly tougher penalties for employers found hiring undocumented foreign workers.
"We have made a proposal that every employer who employs undocumented foreign nationals must be fined at least R100,000 for each undocumented worker.
"If you have 10, that is R1 million. If you have 20, that is R2 million. We want to get into their pockets because they are arrogant. They think they can do as they wish.
"We are a country governed by laws, and those laws must be respected.
"As I have said, the president is very committed to dealing with the issue of undocumented foreign nationals. It is now up to us to do what the president has instructed us to do."
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