Labour Laws Enforcement continues checks after criticism of Overport operation

Labour Laws Enforcement (LLE) has stated its intention to continue its labour law compliance campaigns across Durban, despite criticism stemming from the operation conducted last week in Overport.

Last week, LLE, in collaboration with the police, conducted sweeps at several businesses in Overport, including Romans Pizza, Shell Garage, Star Meats, Frango's Peri-Peri, Baba's, KZN Fasteners, and Sana Linen, among others. The purpose of these visits was to check businesses' compliance with labour legislation and identify undocumented workers.

Public Reaction and Criticism

The operation elicited a mixed response. Some viewed it as necessary for protecting local jobs, while critics accused LLE of selectively targeting businesses owned by Muslims and exceeding its legal authority.

Dr. Faisal Sulaiman, Chairman of the South African Muslim Network (SAMNET), noted that many feel Muslim businesses are facing disproportionate pressure. He emphasized that many Muslims, including recent immigrants, historically work in retail, interacting directly with consumers in areas inhabited by low-income populations and unskilled workers.

Sulaiman added that while all businesses are obligated to comply with labour and immigration laws, enforcement control must remain the prerogative of the state. He suggested that Muslim businesses might become easy targets for anti-immigrant mobs due to their proximity to the unemployed population, or it could be a deliberate target within a more sinister plan.

Business Community Stance

Despite concerns, Sulaiman insisted that all companies, including those owned by Muslims, must adhere to immigration and labour laws, rectifying past violations. However, he warned that mobs should not have the right to threaten, intimidate, or illegally harass businesses, as law and order must apply to everyone, and mobs cannot replace the state.

The Minara Chamber of Commerce expressed concern over reports of private individuals and unofficial groups interfering in the operations of small and medium enterprises to conduct labour-related inspections. The Chamber strongly urges all companies to fully comply with the Basic Conditions of Employment Act, the Labour Relations Act, the Minimum Wage Act, the Occupational Health and Safety Act, the Immigration Act, and other relevant state acts.

The Minara Chamber finds it deeply troubling when unofficial groups conduct such inspections, often accompanied by verbal threats and insults. They reminded that South African labour legislation provides official procedures for handling complaints and conducting inspections by the Department of Employment and Labour, but such checks must proceed in a procedural and productive manner, not turn into media spectacles that could damage business reputation and lead to closure with negative consequences for employees.

Industry Calls to Action

The Durban Chamber of Trade and Industry NPC acknowledged the issues related to illegal foreign nationals and labour disputes but cautioned against workplace inspections being carried out by groups without legal authority. CEO Palese Phili stated that while companies must follow labour laws, only authorized state bodies have the right to conduct inspections. She stressed that if the government fails to take action to protect businesses, it will seriously undermine the trust of both investors and entrepreneurs.

Phili called on companies to focus on creating opportunities for South African youth. She stated that businesses need to comply with employment law, actively train young graduates, provide opportunities, and transfer valuable skills so that young South Africans can make a significant contribution to the workforce. This way, companies not only avoid hiring illegal foreign nationals but also upskill youth, improve community lives, and break the cycle of poverty.

LLE National Representative Mtobisi Singa announced that the campaign will continue beyond Overport. He confirmed his firm commitment to further engaging with businesses, promoting adherence to South African labour laws, and advocating for fair and lawful employment practices. Singa emphasized that this is not a one-off project but an ongoing effort by LLE to support workers and lawful employment.

He noted that the unemployment crisis in South Africa has amplified the importance of ensuring labour law compliance. According to Singa, the LLE operation in Overport goes beyond simple checks; it aims to protect the future of South Africa. He concluded that every law-abiding employer contributes to strengthening the economy, and every legally employed worker contributes to tax revenue, UIF, skills development, economic growth, and family stability in South Africa, making law compliance the foundation of economic justice and sustainable job creation.

iol.co.zaJuly 26, 13:08

Labor Department Conducts Nationwide Inspections, Arresting 137 Foreign Nationals

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.