Staff in the dark over Home Affairs inspections

Home Affairs Minister Leon Schreiber said he would be intensifying inspections to identify undocumented foreign nationals in some sectors including the food, mining and farming industries.

However, officials say they have not even been informed of when these inspections will start.

The general secretary at the Bargaining Council for Restaurants, Catering and Allied Trades, Maggie Pooe, said they were shocked to read the announcement in the news because “the DHA had not informed us about.”

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She added that in Joburg alone in the past five years, the industry had seen a large number of foreign nationals, both documented and undocumented.

Implementing Immigration Act

The Immigration Act says anyone who knowingly employs an illegal foreigner or a foreigner in violation of the Immigration Act shall be guilty of an offence and liable to a fine or a period of imprisonment not exceeding one year for a first offence.

Earlier reasons behind the use of undocumented foreign nationals were said to be cheap labour and exploitation as employers knew that they could not report them as they would also be in contravention of the law.

The Immigration Act caters for the admission of foreign nationals to reside in South Africa and is connected with their ability to work.

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However, the Labour Relations Act is applicable regardless of the legal status of the employee.

The LRA governs disputes relating to unfair dismissal and unfair practices and regulates the resolution of these disputes.

The CEO of Free State Agriculture, Gernie Botha, said they were not always informed of specific instances where such inspections took place.

“At the moment I am aware of one employer who was charged, although I suspect that there may be more incidents.”

Botha said, “When foreign nationals are employed, additional documentation needs to be provided. If noncompliance from the employer is found, the employer can be arrested for employing an illegal immigrant.