Question NW2818 to the Minister of Labour
15 November 2018 - NW2818
Singh, Mr N to ask the Minister of Labour
(a) Whether she has been informed of the foreign-owned (a) companies in general and (b) companies in the private security sector, particularly at Airports Company South Africa, are (i) monopolizing their respective sectors through various elite black economic empowerment partnerships, alternatively fronting and (ii) exploiting their South African labour force through illegal employment contracts and conditions that run contrary to the Basic Conditions of Employment Act, Act 75 of 1997; (c) aa) what is being done to ensure compliance with South African labour law by foreign-owned companies operating in South Africa and (bb) who can such employees contact within her department to report such illegal labour practices and how is compliance enforcement, legislation and regulation in this regard going to be tightened by Government?
Reply:
Response:
(a) All companies in the country are registering their business through the Department of Trade & Industry & SARS for tax purposes and therefore the Department of Labour does not have direct access to such information nor, does the department of labour have jurisdiction in this regard.
(b) The Black Economic Empowerment Act is administered by the Department of Trade and Industry and as such, compliance thereto is also monitored by the Dti.
(c) Our Inspection and Enforcement Services through its Annual Performance Plan, targets workplaces to be inspected in various sectors to determine level of compliance with employment law. The laws of the Department cover every person that is within the borders of SA, including foreign Nationals. In addition to companies that are identified for inspection, the Inspectors also conduct inspection on companies as and when complaints are lodged in our various labour centres.
(bb) There are Provincial Chief Inspectors in all 9 Provinces who are in charge of the Inspectorate and would take steps to address reported non-compliance. To this end, citizens are encouraged to report any suspected non-compliance to our Inspectors.
The Contact details of the Provincial Chief Inspectors are as follows:
|
NAME OF PROVINCE |
NAME OF PROVINCIAL CHIEF INSPECTOR |
CONTACT DETAILS |
|
Eastern Cape |
Adv. Lucky Mkhonto |
0829082318 |
|
Free State |
Ms. Amanda Mantutle |
0829086809 |
|
Kwa-Zulu Natal |
Mr. Edward Kambula |
0609859286 |
|
Gauteng |
Adv. Michael Msiza |
0829008131 |
|
Mpumalanga |
Ms. Nonyaniso Njwambe |
0824157083 |
|
Limpopo |
Mr. Phaswana Tladi |
0845043801 |
|
Northern Cape |
Mr. Solomzi Vass |
0828026796 |
|
North West |
Mr. Boikie Mampuru |
0829082308 |
|
Western Cape |
Mr. David Esau |
0827914485 |
Each Province has Statutory Services personnel who handle litigations on behalf of the Director-General to refer non-compliant employers to the Courts. In addition, there is a statutory component in Head Office that deals with enforcement of workplaces that do not comply with notices and Director General’s Recommendations.