Gauteng restaurant inspections: Three foreigners arrested, business closed due to non-compliance

Police in Gauteng have arrested three undocumented foreigners who were illegally employed at a restaurant in Midrand.

Employment and Labour Minister Nomakhosazana Meth, deputy ministers Jomo Sibiya and Phumzile Mgcina conducted a blitz inspection targeting the hospitality sector in Gauteng on Wednesday.

The inspections were conducted in partnership with the Department of Home Affairs, the South African Police Service (SAPS) and the Bargaining Council for Hospitality.

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According to the Labour Department, the inspectorate was checking for compliance and addressing non-compliance with the National Minimum Wage Act, Occupational Health and Safety Act, Basic Conditions of Employment Act, Unemployment Insurance Act and Compensation for Occupational Injuries and Diseases Act.

Seven employers were inspected, and all were found to be in breach of at least one of the labour regulations.

The inspectors visited a restaurant in Midrand and discovered non-compliance with various labour laws.

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“Through a partnership with the Department of Home Affairs and SAPS, three undocumented foreign workers have been arrested,” said the labour department.

Hazards at restaurants

Speaking to the media, Meth noted that other regulations had also been breached by the restaurant.

“We have already discovered that some employees are here illegally. They have visitor visas and are not allowed to be employed,” said Meth.

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“The employer has the responsibility, before employing foreigners, to check if they have legal documents. This employer hired individuals who were not legally qualified to work, so we are addressing that issue.”

The inspectors also discovered safety hazards at the restaurant, including expired fire extinguishers.

Gauteng Employment and Labour Chief Inspector advocate Michael Msiza told Newzroom Afrika that the restaurant was shut down due to its kitchen being a health hazard.

One of the restaurants was found to be in breach of labour laws after inspectors found that tips received by employees were included in their pay slips and were illegally deducted by the restaurant.

“If, as a customer, you pay tips electronically, the restaurant illegally deduct these tips, resulting in the employee being underpaid.”

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After calculations, the restaurant was found to owe employees almost R2 million in tips and commissions.

Another restaurant in Mandela Square, Sandton, was found to owe R21 million in compensation for occupational injuries and diseases.

Home Affairs’ restaurant inspections

Delivering his budget speech last month, Home Affairs Minister Leon Schreiber announced that, in the coming year, the department would intensify inspections at restaurants, spaza shops, farms, and mines by over 50% to take action, including deportations, against those who are illegally employed.

The initiative was started under his predecessor, Aaron Motsoaledi, who earlier this year called for harsher sanctions against business owners who knowingly employ undocumented foreigners.

Schreiber said he would coordinate with other departments for joint operations.