Department of Labour inspectors, South African Police Service, the Department of Home Affairs and the Bargaining Council officials have been unleashed to restaurants across South Africa to enforce labour laws. Picture: Jonisayi Maromo/IOL
There is a debate about the employment of foreigners in South Africa and, sometimes, negative issues arise. Like the rest of the world, a foreigner requires a work permit should they wish to pick up gainful employment in the country.
All of us are well aware of the fact that some of our neighbours in southern Africa suffer from enormous economic hardships.
In particular, we have hundreds of thousands of Zimbabweans desperately looking for work in South Africa. Many of our neighbours cross our borders illegally and hundreds of thousands have found gainful employment even though they do not have work permits.
Many employers exploit the individuals by paying them below the minimum wage and not adhering to the conditions in the Basic Conditions of Employment Act.
Foreign illegal workers are reluctant to challenge employers because it would mean inevitable deportation, with little to no hope when they return to their home country. This is a tragic story that can be told many times over.
We have recently seen an inspection blitz on the restaurant industry. Restaurant owners have been heavily fined and prosecuted.
Many of the horror tales lead to xenophobic behaviour. It is almost trite to say that with our huge unemployment situation, people are looking for scapegoats. Unfortunately, foreign workers often take the brunt of the frustration expressed by South Africans who can’t find jobs. Many South Africans believe that their jobs have been taken by foreigners because they offer their skills at lower rates and with no conditions.
This might be the case in a few instances but from my experience, in the practice of labour law, I don’t believe the foreigners are “stealing” jobs. Many of the employers do not employ locals because of the onerous labour legislation. Even when foreigners are deported, we seldom see employers hiring locals. My experience has shown me that instead of replacing labour, many manufacturers are turning to cheap imports, thereby avoiding employment altogether.
On a more cheerful and successful note, the importation of critical skills into South Africa is a good thing. Recent reports have shown that 5 000 critical skills workers came to South
Africa over the past two years. The workers have come on legal work visas and have brought in the necessary skills to enhance the business community. Half the workers come from two countries – most of them from Zimbabwe and just under a quarter from India.
Home Affairs Minister Dr Leon Schreiber said that obviously, South Africans must first see if citizens could take up the positions. If we had locals who could perform the task, then it would be more beneficial for our economy. If, however, we did not have the necessary skills, then bringing in external labour was the correct process.
The business community needs to work with the Department of Higher Education and Training. If we could improve our education system, then there would be less need to bring in foreign skills. On inspection of the list of foreign skills needed in South Africa, we see that more than 1 800 are being advertised for foreign skills. For instance, we need trainee auditors, people who are good at integrated development, software developers and ICT systems analysts.
We recruit people from across the board, including from the Democratic Republic of Congo, Nigeria, Cameroon, Germany and China. The most recent critical skills list was drawn up in October 2023, but there has been a lot of argument about what should appear on the list.
Through the Home Affairs Department, our government has put together its system, the “trusted employer scheme”. When implemented, the scheme will be fantastic. We’ve also implemented a remote working visa which the new minister of home affairs has restructured and made it a lot easier for international workers to apply to come here on a short and medium-term basis.
We have a dire need for foreign skills on all fronts. Unfortunately, our education system has failed the people and the business community of South Africa. Basic Education Minister Siviwe Gwarube has promised that the system would start showing results and our learners would be able to read for meaning as a result of her term of office.
On the other hand, many other countries are enticing our skilled individuals to their jurisdictions. Highly qualified South Africans are being attracted by the promise of higher wages and better service conditions. It is a crying shame to see hundreds of our highly qualified nurses leaving the country after having had the benefit of specialised education in South Africa. We need to entice the individuals to stay or at least come back to take up employment in South Africa.
We also have an interesting situation where the Department of Home Affairs is introducing a nomad employment structure. This means that foreigners can come in and work virtually for their foreign company while residing in South Africa. If the nomads are here for less than six months, they will not attract any taxation but will spend their hard-earned dollars, euros and pounds in South Africa. This is good for all of us as it takes nothing out of our economy and only adds to it.
* Michael Bagraim is a veteran labour lawyer.
** The views expressed here are not necessarily those of Independent Media.
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