Agriculture/farming sector employers urged to co-operate with inspectors to avoid falling foul of the law
05 December 2024

Department of Employment and Labour Mpumalanga Provincial Chief Inspector, Boikie Mampuru has cautioned employers in the agriculture/farming sector not to interfere with the work of the inspectors.

Mampuru was speaking in Mbombela (Nelspruit) today ahead of the start of another inspection as part of ongoing inspection blitz of the agriculture/farming sector which started on Monday.

The Department on Monday (02 December) initiated a week-long, national high impact blitz inspection of agriculture/farming sector to assess levels of compliance with labour laws.

Mampuru said the Department has instructed its Statutory and Advocacy Services to institute legal proceedings against farm employers that have engaged in behaviour that blocked the work of inspectors. He said some employers refused to open their premises and some threatened to set dogs against inspectors. He said this lawlessness cannot be left unchallenged.

In terms of the Basic Conditions of Employment Act (BCEA) - in order to monitor and enforce compliance with an employment law, a labour inspector may, without warrant or notice, at any reasonable time, enter – any workplace or any other place where an employer carries on business or keeps employment records; any premises used for training in terms of the Manpower Training Act; any private employment office registered under section 15 of the Guidance and Placement Act.

Mampuru said the inspection was about creating visibility. He commended the growing number of employers in the sector who are beginning to realise the importance of the role played by inspectors.

The Department has been conducting the latest inspections in partnership with the South African Police Service, Department of Home Affairs, and other government departments and institutions.

The blitz inspections are examining levels of compliance with labour legislation such as: the Basic Conditions of Employment Act (BCEA), Occupational Health and Safety (OHS), Unemployment Insurance Act (UIA), Compensation for Occupational Injuries and Diseases Act (COIDA), Employment Services Act (ESA) and the National Minimum Wage (NMW) Act.

Mampuru said it was not uncommon in this sector to hear of stories in this time of the season of employees going on holidays without being paid. He said it was vital of the inspectorate to prevent such conduct and protect the vulnerable employees.

“Imagine working the whole year and at the end of the year an employer just disappears," he said.

Department of Employment and Labour's Inspection and Enforcement Services (IES) branch Inspector General, Aggy Moiloa who joined one of teams at Ceres in the Western Cape said farms have got huge challenges. Moiloa said on the first day over 200 farms were inspected.

“It's quite an intricate process. Farms sometimes are so big, many hectares, to an extent that even inside the farm, you've got to drive around to go and find workers from different orchards. We know that the farming/agriculture sector is one of the highest risks, and highly problematic sectors, and that is why we also blitz the farms," she said.

Moiloa said in the coordinated multi-departmental effort, “currently, what we are seeing is a mixed bag really. The compliance rate is at about 43%. Known compliance is at about 57%. So, one can see that the compliance levels are worrisome," she said.

For media inquiries, kindly contact:

Sabelo Mali

Acting Departmental Spokesperson

082 729 5804/ Sabelo.Mali@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour​

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