Arrests will be the order of the day, warns Department of Employment and Labour to employers who continue to abet and encou

Banner of the National Department of Labour together with the South African flag

10 April 2024

A joint blitz operation led by Department of Employment and Labour yesterday (Tuesday) led to the arrest of three foreign nationals with fake documents and a general manager of a steel company, D. du Plessis.

The Department yesterday conducted a joint blitz inspection - with Department of Home Affairs (DHA), South African Police Service (SAPS), Gauteng Crime Wardens and Gauteng Traffic Police – at the premises of giant steel company NJR Steel-Brakpan located next to Geluksdal in Ekurhuleni.

After the arrest the four were taken to the nearby Tsakane Township police station for processing.

Department’s Gauteng Provincial Chief Inspector, Advocate Michael Msiza warned employers to desist from the practice of employing undocumented foreign nationals and those producing fake document because they will also get arrested. Msiza said every employer has to account for people in his or her establishment, so as to know the person is who he/she says he/she is.

“It is your obligation to verify the real person,” Msiza said.

“We are concerned about this unabated hiring of undocumented foreign nationals and those with fake documents and when people have to account they plead ignorance. By hiring undocumented illegal foreigners and those producing fake documents, this therefore means that the same workers are not protected and registered for social coverage like Unemployment Insurance Fund and for Compensation for Occupational Injuries and Diseases Act (COIDA).

“Submitting false and misleading information is a serious offence and is punishable by law,” Msiza said if a company can risk hiring people with fake documents it means that by implication they can take the risks and not comply with labour laws.

Msiza said that the Department in partnership with Home Affairs would be coming hard on managers who employ illegal immigrants.

A manager at the premises of NJR Steel-Brakpan (and its various subsidiaries) who introduced himself as Jaco was given a dressing down when he tried to intimidate the inspecting team. Msiza told him not to interfere with the work of inspectors as it was against the law.

In terms of the outcome of the inspection blitz one of NJR Steel-Brakpan named NJR Mesh, a subsidiary that manufacturers steel reinforcements had its operations shut down. The prohibition notice was issued because workers were exposed to hazardous dusts particles from steel, high decibels (noise levels), workers not furnished with protective personal equipment.

Other findings of the blitz were as follows:

• In terms of COID - NJR Steel-Brakpan was found to be owing R17 584-70 and was issued with compliance order.

• For Occupational Health and Safety (OHS) – the company was issued with prohibition notices as its forklifts have not been load tested, its fire extinguishers were obstructed by material, gas installations do not have certificate of compliance, employees have not undergone medical surveillance.

• For Basic Conditions of Employment Act (BCEA) - the company was issued with compliance order for failing to provide relevant documents relating to contracts, payslips, attendance register among others.

• For UIF - there was no evidence that the employer had submitted declarations for March 2024.

The Department has since established that the four arrested were subjected to fines for admitting guilt.

In terms of Employment Services (ES) Act an employer may not employ a foreign national within the territory of the Republic of South Africa prior to such foreign national producing an applicable and valid work permit, issued in terms of the Immigration Act. According to the ES Act any employer that contravenes Section 8 shall be guilty of an offence and liable on conviction to a fine or imprisonment as contemplated in Immigration Act.

For more information, contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694

Teboho.Thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour