Employment and Labour Deputy Minister, Jomo Sibiya today (31 March 2026) told an advocacy session aimed at raising awareness of South African Labour Laws to Chinese businesses, that “where non-compliance is persistent, there must be consequences".

“Failure to comply with labour laws undermines worker dignity, fair competition, and economic stability.  Fair and equitable wages, working hours, leave periods and fair working conditions in general must be adhered to. Furthermore, it should be an anomaly to have workers who get injured in the course of work, contract diseases or worse, lose their lives.

“We remain optimistic that there will be full compliance to our employment and labour laws. After all, where there is a will, there is always a way. This event comes at the heels of a similar intervention that was held in Newcastle earlier this month. I must say that these gatherings are a silver lining in the dark cloud of noncompliance," he said.

Sibiya was speaking during an advocacy meeting with Chinese business owners, especially those in retail and wholesale sector in an initiative to ensure labour law compliance. The advocacy was held in Johannesburg, Main Reef Road, Amalgam.

The session was attended by Department's senior officials, China Mall management, Chinese businesses and officials of the Chinese Diplomatic Corps.  

Sibiya said the genesis of today's session started last December (2025) when the Department officially met with the Chinese Diplomatic Service in Pretoria and shared its concerns about the flagrant non-compliance with South African employment and labour laws by Chinese businesses in South Africa.

The Deputy Minister said the session was long overdue. He said it was necessitated by serious and unacceptable working conditions that workers are subjected to and have had to endure in Chinese workplaces.  He said a case in point would be the textile factories in the Mandeni and Newcastle area – where he said he had a first-hand experience of the plight of workers in those areas.

“What is happening in Newcastle is not something we want to see across the country. The dignity of our people is trampled. We would rather not have investment if our people are trampled," he said the Department is encouraged by the change in attitude, “the message is - let us desist from employing illegal and undocumented foreigners. Don't be an enabler of illegality".

He said the Department does not want to be a problem to anyone.

Reflecting on the September 2025 Gauteng High Court sentencing of seven Chinese nationals in a human trafficking and child labour case, Sibiya said this was a “game changer" in strengthening labour law enforcement, “we do not want a repeat of the ironic story of Beautiful City".

The Department's advocacy session coincided with what the Chinese termed: “Publicity Week on Lawful and Compliant Operations".

In a circular circulated during the session the Chinese committed to:

• Comply with South African immigration laws, regulations; promote the lawful employment and local workers and avoid employing illegal immigrants
• Comply with South African laws and regulations protecting labour rights, sign formal labour contracts with employees, establish and implement lawful and reasonable remuneration systems, and pay employees' COIDA and UIF contributions on time;
• Comply with South African government regulations on occupational health and safety to ensure a healthy and safe working environment;
• Resolve labour disputes through legal channels and by legal means;
• Comply with South African laws and regulations on product and food safety, ensuring that goods and food products meet applicable health and safety standards;
• Comply with South African laws and regulations on company registration; report company financial information truthfully as required and pay taxes in accordance with the law;
• Do not engage in or participate in any activity that violates South African laws, tax regulations, or safety rules;
• Pay attention to personal and property, fire, water, electricity safety and etc.
  
  Johannesburg China Mall Chairman, Xu Changbin said the Chinese business were mindful of their responsibility as espoused in commitments made as part of Week on Lawful and Compliant Operations. Chungbin said compliance is not only a requirement, but the cornerstone for sustainable development.
  
  The Chinese business owners have come under the radar of the Department in recent years for non-compliance. The Department's Inspection and Enforcement Services (IES) has found that the Chinese businesses are guilty of employing undocumented foreign nationals, engaging in child labour, paying at rates below the National Minimum Wage, failing to provide workers with employment contracts, failing to register for social security with the Unemployment Insurance Fund (UIF) and the Compensation Fund for occupational injuries and diseases, and housing and keeping workers under high walls and locked gates and making worker work in unsafe or unsuitable conditions - among a litany of non-compliances.
  
  Today's engagement was also accompanied by presentations by the Department's Inspection and Enforcement Services; the Commission for Conciliation Mediation (CCMA) and the Public Employment Services (PES) branch.
  
  For media enquiries, please contact:
  
  Teboho Thejane
  
  Departmental Spokesperson
  
  082 697 0694/ teboho.thejane@labour.gov.za
  
  -ENDS-
  
  Issued by: Department of Employment and Labour​

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