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As part of his three-day stay in Kwa-Zulu Natal, Employment and Labour minister TW. Nxesi, accompanied by his Deputy Minister Boitumelo Moloi, paid a visit to one of the Departments Labour Centres situated in Pinetown, Durban on Thursday (15 August 2019).

The visit forms part of the ministers' efforts to try and understand challenges faced by the Labour Centres and, to also find ways on how they can better support and improve service delivery in the centres nationally.

The Pinetown Labour Centre which provides services to neighbouring suburbs such as New Germany, West Mead, Hillcrest, Kloof, Waterfall, Kwadabeka, KwaNdengezi, and Hammersdale to name a few, is facing daily challenges of long queues and a compressed building that is unable to accommodate staff and scores of clients visiting the centre on a daily basis.         

In his interaction with clients visiting the centre, the minister gave assurance that, the department will do its utmost best to try and complete the building issue as a matter of urgency.          

“When we go back we will sit down and apply our minds to the challenges presented to us today. We will be doing rounds all over the country to try mitigating and solving the issues faced by our people. We are the law bearers of the labour laws and we therefore should be leading by example," said Nxesi.

Deputy Minister Moloi said officials should not see these visits as trying to police them but, rather as an effort to try and assist where it's possible.          

The minister and his deputy accompanied by a team of inspectors also took time to visit one of the busy shopping centres famously known as Durban China mall.   

Upon the ministers' arrival, a number of employers largely foreign nationals, made a run for their lives while those who could not get away, were refusing to cooperate and talk to the inspectors. 

In his interactions with the workers, the minister found that almost 90% of the workers where foreign nationals with no working permits.            

Labour laws such as Basic Conditions of Employment Act, Occupational Health and Safety Act, Unemployment Insurance Act and the passed National Minimum Wage Act, were not complied with by all the employers visited.

“What is very clear from the interactions we had is the gross violation of the labour rights and it's something that we are seriously going to look into. The fact that 90% of the workers in these shops are foreign nationals is clear indication of exploitation of cheap labour by the employers".

“There are serious violations of the labour standards; people work from Monday to Sunday, there is no respect for their labour rights. No one is allowed to take leave, be it sick or maternity leave. The employers just cut their salaries as they wish. Workers don't have contracts and pay-slips, something very basic that a worker must have", said the minister.

Nxesi said the trend of exploiting workers is happening largely in the hospitality industry, farming and the retail sectors. He said exploitation by employers is not a question on Chinese employers singled out but, even South African employers are exploiting foreigners for cheap labour.

“Employers are using foreigners because they know they are desperate and will take anything offered to them," said Nxesi

He said with approximately 1.7 million employers registered, the capacity of inspectors countrywide is a drop in the ocean with less than a thousand inspectors to enforce compliance. He said employers are bound to take advantage that inspectors won't reach every workplace.

“As much as we are going to increase the number of our inspectors, it's clear now that we have to hit very hard. We are not going to say now what we are going to do but, we are going to hit very hard, emphasised Nxesi.

If it means we have to issue out the prohibition notices that these businesses must close, then we will do it. We have labour laws which must be respected in this particular country and people cannot come and do anything they want," said Nxesi.

Replying to whether the department will be taking a risk by enforcing compliance especially to the Chinese employers considering their country's investments in South Africa, Nxesi said there is no taking risk especially when it comes to the livelihood of workers.

“There is no risk we are making unless you suggest that we allow the workers' rights to be violated and their health and safety to be put at serious risk. We can't allow that. These employers are making huge profits but they want to do it by exploiting cheap labour," said Nxesi.             

The minister will conclude his visits today where he  will be meeting with employers and labour organisations in the trucking industry at the Durban Royal Hotel, 267 Anton Lembede Street, Garden Suite B – 1st Floor.

The meeting is scheduled to start at 09h30 am and media is invited.

For more information contact:       

Sabelo Mali

Media Liaison Officer: Employment and Labour Ministry

082 729 5804

-ENDS-

Issued by:

Makhosonke Buthelezi

Acting Departmental Spokesperson

071 491 7236

Makhosonke.Buthelezi@labour.gov.za

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