Speech by the Deputy Minister of Employment & Labour, Honourable Mr Jomo Sibiya, MP, at the Chinese Business Advocacy Sessi
4 August 2026

Consul-General of the Peoples Republic of China: Mr Ren Faqiang

Honourable Members of the Chinese Diplomatic Corps

Members of the Chinese Business Community

Inspector-General: Ms Aggy Moiloa

All Senior Government officials from Sector Departments

Honourable Municipal Councillors & Representatives of Western Cape Municipalities and the Western Cape Provincial Government

Leadership of Organised Labour & Organised Business, particularly Mr Solly Phetoe, General secretary of COSATU

All unions present

Critical Stakeholders

Ladies and gentlemen, Goodmorning

I deeply appreciate this event. The need for engagements of this nature cannot be over-emphasised. We are at a time where we need to pull together to improve the compliance outlook of the labour market. The Republic of South Africa, like other progressive countries of the world, upholds the right to economic development. This right is found in our supreme law, the Constitution. The Constitution also enshrines another fundamental right, the right of workers not to be subjected to unfair labour practices. In simple terms, not to be subjected to ill-treatment that the law forbids. This, ladies and gentlemen, is a stance that we have to uphold.

The Labour Relations Act, 1995 (LRA), which gives effect to these constitutional rights, protects the right to economic development in section 1 (for both workers and businesspeople) and the right to fair labour practices in section 186. In the same section 1, the LRA sets as an objective the upholding of South Africa's obligations to the International Labour Organisation (ILO). Among these obligations is the protection of workers in respect of working conditions and decent pay. At the centre of our labour laws, is the need to enable the decent work agenda. We have intentionally put this day aside to engage extensively in our laws.

Discharging this obligation is not onerous. China has been a member of the ILO since 1919 and has undertaken to abide by and uphold various standards. I mention the following for context:

This matters even more because South Africa and China are strategic partners. Our countries stand together within BRICS, and China remains one of South Africa's largest trading partners and a significant source of foreign direct investment on this continent. Government values this relationship, and our commitment to the South-to-South solidarity it represents, is not in question.

But a genuine strategic partnership between our two countries must be built on mutual respect, respect for South Africa's Constitution, our laws, and the dignity of our workers, just as we respect China's sovereignty and its right to develop economically. Partnership between nations cannot be invoked to excuse non-compliance by individual businesses operating on our soil. Indeed, the political relationship between Pretoria and Beijing is strengthened, not weakened, when Chinese enterprises here are seen to be exemplary corporate citizens.

This is also a matter of our own developmental agenda. Government's programme of economic transformation and inclusive growth depends on foreign investment that creates decent, dignified jobs for South Africans, not investment that undermines the very labour standards our democracy was built to protect. We welcome Chinese capital and enterprise. We cannot, and will not, welcome a race to the bottom on workers' rights in the process.

The following ILO Conventions are fundamental to what I am saying:

  • Convention 029 – Forced Labour Convention, 1930 (No. 29) – ratified 12 August 2022
  • Convention 105 – Abolition of Forced Labour Convention, 1957 (No. 105) – ratified 12 August 2022
  • Maritime Labour Convention, 2006, ratified 12 November 2015

These conventions share a central theme: the decent and legally sound treatment of workers. When South Africa asks what I shall elaborate on below, it is therefore not asking something foreign to China or to the Chinese business community.

In this light, today's Strategic Advocacy Session with the Chinese Business Community in the Western Cape, Eastern Cape, Northern Cape and Free State provinces and in Cape Town in particular, is long overdue, given the working conditions South African workers have had to endure in some Chinese-owned workplaces. It is also critical so that, as members of the global community, the Chinese business community here upholds these same obligations.

 

The Department has already met formally with the Chinese Diplomatic Service in Pretoria and shared its concerns about non-compliance with South African employment and labour laws by some Chinese businesses operating in South Africa.

 We have also initiated a pilot project towards self-regulation and increased compliance in KZN. I am optimistic that the outcomes of the project would be harvested and replicated countrywide, for the benefit of all involved.

Today's session is aimed at raising awareness of our labour laws among Chinese businesses, and we remain hopeful that this will translate into full compliance.

I urge strict compliance by this community with South African labour laws, safe working conditions, and the provision of proper standards of employment. Our government is committed to supporting foreign investment and economic growth, but this cannot come at the cost of non-compliance with labour legislation.

I therefore wish to highlight the following:

  • Compliance Drive: Employers must adhere to labour regulations. I urge a decisive move away from illegal practices, including the employment of undocumented foreign nationals.
  • Constructive Engagement: I welcome the willingness already shown by several Chinese businesses, which have voluntarily approached the Department to improve compliance and strengthen their understanding of the regulations.
  • Support for Investment: While pursuing compliance, I encourage Chinese businesses to continue investing and creating employment opportunities in this country and province for local workers.
  • A Landmark Case: In September 2025, the Gauteng High Court sentenced seven Chinese nationals in a human trafficking and child labour case, a genuine game-changer in strengthening labour law enforcement.

Where non-compliance persists, 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, and working conditions in general must be upheld. It should be unthinkable that workers are injured, contract disease, or lose their lives in the course of their work.

This is why I am calling for a shift from Compliance to Prevention. This requires not only a change in mindset, but a different way of doing business. 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 for greater collaboration in enforcement. Labour Inspectors remain central to this effort. 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 that ensures workplaces meet the standards of Decent Work, Health and Safety, fairness, and dignity.

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

When employers and workers work together, compliance becomes a culture, and both parties, together with South Africa as a whole, benefit. I therefore urge all Chinese businesses to comply fully with our labour laws and regulations, and I look forward to a relationship defined by mutual respect, shared responsibility, and shared prosperity.

I THANK YOU.​

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