Employment and Labour Deputy Minister, Jomo Sibiya told employers that the Department's inspections are not a means of fighting anyone but to enforce compliance.
“Our responsibility is not to fight anyone. We want compliance", Sibiya assured the employers during a blitz inspection that was held in Broederstroom near Hartebeespoort in the North West Province today.
Deputy Minister Sibiya led a high calibre team comprising of the Inspector General, Aggy Moiloa; Chief Inspector, Milly Reuters; departmental inspectors; inspectors from the Economic Development, Environment and Tourism department from the province; the Home Affairs department as well as South African Police Service.
During the sting operation, nine foreign nationals along with the manager of the establishment were arrested, some had no documents and others had fraudulent documents. According to the Department of Home Affairs the employer was arrested for contravening Section 38 of the Immigration Act which focuses on the employment of foreign nationals, placing specific obligation on the employer, and prohibiting the employment of illegal foreign nationals. Some vanished into thin air when they noticed that the net was closing in.
Deputy Minister Sibiya told the employers to take responsibility and stop hiring undocumented foreign nationals overlooking South Africans. He told the employer that unemployment is high and that if it is not reduced, the country runs the risk of burning down including the very same business. “I challenge you to correct the issue of hiring foreign nationals without checking their documents", Sibiya said.
“Please work with us, we want you to make money, we want you to grow your business and hire more people", the Deputy Minister said.
Several compliance orders and a single prohibition order were issued. The prohibition order was issued for the zipline operated at the establishment. According to Phumi Maphaha, the Senior Specialist Construction, Explosives and Major Hazard Installations, the zipline poses danger to the public as it was operated by uncertified people, the harnesses were uncertified, the zip line being easily accessible with no barricade, ropes not certified as well as the secondary rope having some defects with some tear.
It was also found that the employer was not compliant with the national minimum wage, employees were not registered with the Compensation Fund as well as Unemployment Fund. The employer also failed to produce employees' contracts and copies of payslips.
Deputy Minister Sibiya told the employer that the department want South African companies to progress. “We are here to assist you to comply, we are not in a witch hunt programme. Our advocacy pillar is Let us help you comply", he said
In closing, the Inspector General said: “We need to drive the sentiment that compliance is the right thing to do. Give us a good attitude and we will return it".
In preparation for the Deputy Minister's inspections, the province started inspections from Monday and concluded today. During this weeklong inspections, 96 workplaces have been inspected and compliance rate is at a meagre 37%. The inspectors issued 38 Compliance orders, 17 Contravention orders and eight (8) Prohibition notices.
For media inquiries, 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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