Speech by Deputy Minister of Employment & Labour, The Honourable Mr Jomo Sibiya to the Chinese Business Community, China Ma
31 March 2026

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Honourable Members of the Chinese Diplomatic Corps

Members of the Chinese Business Community

Inspector-General

DDG: PES

CCMA Commissioner

Senior Management & Officials of the Department

Distinguished guests and Stakeholders

 

Today's Strategic Advocacy Session with the Chinese Business Community in Gauteng in general, and Johannesburg in particular, is long overdue. This is due to serious and unacceptable working conditions that workers are subjected to and have had to endure in Chinese workplaces. This statement may seem harsh, but it is a reality that we cannot run away from. A case in point would be the textile factories in the Mandeni and Newcastle area. I have had a first-hand experience of the plight of workers in those areas. However, all is not lost. Because of the dire state of affairs in those areas,  It necessitated interventions of this nature and at this level.

The Department has officially met with the Chinese Diplomatic Service in Pretoria and shared our concerns about the flagrant non-compliance with South African employment and labour laws by Chinese businesses in South Africa.

Today's advocacy session is aimed at raising awareness of our South African Labour Laws to Chinese businesses. 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.

I am urging strict compliance with South African labour laws, safe working conditions, and the provision of proper working contracts. Our South African Government is committed to support foreign investment and economic growth. However, this cannot be at the cost of non-compliance with labour legislation.

I am therefore highlighting the following:

  • Compliance Drive: I am emphasizing that employers must adhere to labour regulations and move away from illegal practices such as employing undocumented foreign nationals.
  • Constructive Engagement: I note and welcome the willingness of several Chinese businesses, who had voluntarily approached the Department, to improve compliance and strengthen their understanding of regulations.
  • Support for Investment: While pushing for compliance, I am encouraging Chinese businesses to continue investing and creating employment opportunities for locals. On that score, I would propose that there be viable commitments that would result in the drastic reduction of the employment of foreign nationals. SA has an unacceptably high unemployment rate, I urge you to partner with us in putting South Africans first.
  • Court Case: In September 2025 the Gauteng High Court sentenced seven Chinese nationals in a human trafficking and child labour case, which was a "gamechanger" in strengthening labour law enforcement. We do not want a repeat of the ironic story of Beautiful City.
  • Strategic Compliance Inspections: As we did in Newcastle, we would be happy to ringfence employers that are in this meeting today. The idea would be to journey with you towards self-regulation and a change in culture. We would like to see voluntary compliance from your side. Not only with labour laws, but all the laws of the Republic. In turn, we will assist you, as much as possible to bridge the gap between compliance and prevention.

 

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.

I am calling for a move from Compliance to Prevention. It will not only require a shift in the mindset to achieve this, but a different way of doing things.  Compliance is the starting point. Prevention is the destination. Compliance is a sprint; prevention is a marathon.

There has been strong support for decisive action against non-compliance and greater collaboration in enforcement processes.  Labour Inspectors remain at the centre of the efforts; they are not merely regulators. They are protectors of workers' lives and dignity. At the same time, enforcement must be understood not as punishment, but as a corrective mechanism ensuring that workplaces meet the standards of Decent Work and Health and Safety, as well as fairness and dignity as expected in our country.

This requires partnership. While employers and workers work together to achieve this reality, government must provide a strong regulatory framework, effective enforcement, and coordination across institutions.

When employers and workers work together, compliance to employment and labour laws becomes a culture and both parties as well as South Africa benefits.  I therefore urge all Chinese businesses to comply with our labour laws and regulations.

 

I THANK YOU.

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