Employment and Labour’s Inspection and Enforcement Services unit has noted with concern the number of undocumented foreign nationals employed in the Wholesale and Retail sector. This was revealed during a three-day joint blitz inspection conducted in Rustenburg, North West Province.

During the blitz inspections, a total of 20 undocumented foreign nationals were arrested prompting the Department to immediately implement the Employment Services Act of the Department of Employment and Labour. This Act demands an employer to make sure that a person employed in South Africa from a foreign country should have the relevant work permit and a certain skill that is not found in the country.

According to Chris Sithole, the Provincial Chief Inspector for North West, if employers are found to have contravened this Act, they will be fined and the employee will be arrested by the relevant authorities and be deported to their countries of origin.

“Once an employer is found to have contravened this Act we charge and fine them in monetary terms and from these blitzes we had fines amounting to R20 000 for the nine employers that were found to have employed foreign nationals”  

Giving an overall report of the blitz, Sithole said a total of 54 notices (contravention, prohibition, and improvement) and 120 compliance orders were issued to non-complying employers. Sithole further said that the common non-complying areas were mostly on the Occupational Health and Safety Act (OHSA), and Basic Conditions of Employment Act (BCEA).

“These inspections have revealed that most employers are still underpaying their employees, they make illegal deductions and do not provide them with payslips and contracts of employment. Some employers did not comply with the general safety regulations, while others did not register with the Unemployment Insurance Fund and the Compensation Fund. These employers have since been issued with relevant notices and orders and are expected to rectify this within the stipulated time frames”. Said Sithole.

Sithole said follow-ups will be carried out to ensure that compliance is maintained and that those who will still be found to be non-complying are dealt with as per the law dictate, including referral for prosecution where applicable.

The blitz inspections were a joint operation by the Department of Employment and Labour in the North West Province, the Department of Home Affairs, the Liquor Board, the Consumer Affairs Unit of the North West Department of Economic Development, and the South African Police Service (SAPS).

Its purpose was to test the level of compliance with the labour laws such as the Occupational Health and Safety Act (OHS), Compensation of Occupational Injuries and Diseases (COIDA), Basic Conditions of Employment Act (BCEA), Unemployment Insurance Act (UIA), Unemployment Insurance Contribution Act (UICA) and the Employment Services Act.

The inspections also focussed on other consumer-related legislations in the Wholesale and Retail Sectors.

For media inquiries, kindly contact:

Botsang Huma

Provincial Communication Officer: North West

Cell: 082 497 7438/ botsang.huma@labour.gov.za​

​​