The Department of Employment and Labour in the Mpumalanga province conducted a multi-faceted, high-impact inspection at Tomahawk Farm in Malelane. During the nationwide inspection carried out by the Department of Employment and Labour on Friday, 137 foreign nationals were detained, and only three out of 114 inspected workplaces were found to comply with requirements.
Scale and Objectives of the Operation
Deputy Minister Jomo Sibiya stated that this highly effective operation, one of the largest interdepartmental inspections across the country to ensure compliance with regulations, will continue. The operations were conducted nationally, with key enforcement activities taking place in the Gauteng, KwaZulu-Natal, and Western Cape provinces, as well as in other regions. The goal of these measures is to promote lawful employment, protect workers' rights, and eliminate instances of non-compliance in workplaces.
Results of the National Survey
Department representative Tebogo Tejane reported that the national operation inspected 114 workplaces, and only three met the standards. These inspections led to the arrest of 137 foreign nationals. The operation aimed to address systemic issues of non-compliance with labour legislation, immigration rules, and municipal bylaws, as well as to detain individuals for offenses such as illegal residency, demonstrating the government's response to critical issues.
Composition of Inspection Teams
Tejane specified that the National High-Impact Inspection included a total of 164 labour inspectors, 47 immigration officers, 123 SAPS representatives, 56 municipal/law enforcement officials, two Border Control Agency representatives, and specialized stakeholders, including environmental specialists, agricultural officials, representatives from the Liquor and Gaming Board, trademark officials, consumer protection representatives, private security, and Centlec.
Violations Identified
Inspections revealed persistent breaches of key provisions of the Occupational Health and Safety Act (OHSA), the Compensation for Occupational Injuries and Diseases Act (COIDA), the Unemployment Insurance Act (UIA), the Basic Conditions of Employment Act (BCEA), and the National Minimum Wage Act (NMWA). Furthermore, violations of the Immigration Act and local bylaws were discovered. According to consolidated data from the provinces, the national inspections affected 4,291 South African employees, with a total of 546 foreign workers. One hundred nineteen notices, 10 prohibition notices, and 29 violation notices were issued.
Level of Legal Compliance
Compliance rates were low: OHSA compliance was only 2.6%, COIDA compliance was nine percent, and UIA compliance was 0.2%. BCEA compliance, including (NMWA and industry definitions), reached 31%.
Issues at the Construction Site
The National High-Impact Inspection took place at the Limpopo Central Hospital construction site. In the Centurion and Pretoria areas, Deputy Ministers Jomo Sibiya and Njabulo Nzuza, along with Mayor Tshwane Dr. Nasifi Moya, led the operations in Gauteng. Speaking to the press after inspecting one of the companies, Sibiya noted that the company violated several South African laws, including labour and immigration legislation.
Non-Compliance with Labour Norms
Sibiya emphasized that the main problem is underpayment of workers. He stated that the National Minimum Wage Act is not being observed, and workers are paid significantly less than the established minimum wage level, which is currently R30.23 per hour, while they are actually paid R28 per hour. Workers are forced to work much longer than permitted and are not paid overtime. They may also be locked in the company at night, working 12-hour shifts, or even longer, without pay. Some workers are unregistered, including with the Unemployment Insurance Fund (UIF), and are not registered with the compensation fund. Some even lack contracts, personal protective equipment (PPE), and uniforms.
Commitment to Law Enforcement
Sibiya assured that the department would engage with employers but would simultaneously ensure adherence to the law. He stressed that inspections would continue nationwide because cooperation yields results. He added that the government cannot allow the hiring of illegal workers to continue, aiming to reduce demand, as the employment of illegal foreigners is deliberate. Nzuza noted that although the number of arrests may seem small, the message has been received.