The President addressed the country on Sunday, 07 June – reminiscent of those Family meetings during Covid – and ambled down a route as to why we are not an anti-foreigner country (the nasty word is xenophobic), what the government is (not) doing to address the situation, and what we as employers are doing wrong and therefore are to be ashamed of ourselves and will be prosecuted.
The President eloquently noted during his address:
“ … As part of rebuilding the labour enforcement capacity, the Department of Employment and Labour has launched the phased recruitment of 10,000 inspectors for this financial year. We are going to increase the penalties, including imprisonment, for employers who violate the Immigration Act … To address violations of immigration and labour laws in the transport sector, we are implementing a plan that has been developed with the logistics and freight industry and labour organisations ...”
The Road Freight Association (RFA) reminds the President of the various urgent communications addressed to him in 2018 and 2022 by the Association, regarding this very matter – more specifically the issue of the employment of undocumented (illegal) foreigners in the road freight and logistics industry.
Suggestions were made, proposals on how to address the matter were provided and the offer to assist with addressing the situation was made. Nothing much came of that.
A Presidential Task Team (involving the then Ministers of Police, Labour and Transport) was convened – which included representatives of the afore-mentioned departments, the ATDF-SA (the prime voice for previously – now unemployed – persons / citizens from the road freight and logistics sector, union representation and the registered employer organisations within the sector).
The result was a 14 point plan being drafted. Years later – not much (well very little) progress has been made, resulting in the ATDF-SA leaving the Task Team (with continuous complaints that “government is not listening to them”). We have seen increasing frustration from their followers in the past few months.
The Task Team has focussed on “training drivers”. That was never the intention of the Task Team – reskilling those who had lost their employment for re-appointment, perhaps – but not the training of “new” drivers to fill the “jobs held by foreigners”.
The prime reasons why there is “widespread” use of foreign nationals in the road freight and logistics sector boils down to three simple facts:
- The requirement for registration by all companies / entities that move freight on a public road is not required / enforced / monitored,
- The inspection of all companies within the sector is not done (only the “known / compliant / registered” companies are inspected, over and over again), and
- There is no requirement when registering as an operator (road freight transporter) to prove registration with the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI), an employer organisation and whom your drivers are.
Without these - as the Association has repeatedly noted to the Department of Transport – the current situation will continue and deteriorate.
There are further aspects of the National Road Transport Act (NRTA), Act 93 of 1996, as amended, that are not applied. The application of current legislation would further resolve (and have prevented in the road freight sector) the current situation experienced.
But make no mistake: the situation relating to undocumented foreigners being employed is just as prevalent, if not worse, in other sectors – most probably for the very same reasons. Current labour and / or sector specific legislation not being applied / implemented.
The President further notes that there will be thousands of “new labour inspectors” being appointed and deployed. This will, in reality, have no real effect if the current status quo of inspections is maintained i.e. inspecting registered (known) companies that are (in the main) compliant. This means audits for the currently targeted companies may increase (unfairly so) which can hinder operational efficiencies in some regard (if personnel are constantly chasing after inspection requirements and not company operational requirements).
It is also quite clear that the threat of prosecution, which currently is catered for in legislation, has not been seen to be a deterrent (mainly due to poor inspection processes, poor prosecution, weak cases and the power of those who are not compliant to subvert the processes).
The most “immediate effect” of trying to counter foreign nationals entering the country (in an illegal / undocumented state) will be felt at the ports of entry (land, air and sea). This could, if strictly applied, create backlogs / congestion / queues in the processing pf persons (travellers) through passport control.
Foreign drivers of foreign vehicles are generally not problematic (they are employed outside of the country). There would need to be checks as to whether freight vehicles are carrying passengers (and their status).
The real test lies within the country itself. That’s what the Road Freight Association has said, Mr President, over and over again. There is sufficient enabling legislation. There are clear rules and circumstances detailing when and why foreigners may be offered employment in preference to South African citizens. Apply that. Consistently. Rigorously. Require ALL employers jump through the hoops required (whether general or sector specific).
This is not about removing all foreigners – just because they are foreign. It’s about following the rules. Applying the rules. Making the process just, fair and consistent.
By Gavin Kelly, CEO of the Road Freight Association
