Question NW446 to the Minister of Home Affairs
15 March 2022 - NW446
van der Merwe, Ms LL to ask the Minister of Home Affairs
Whether, with reference to media reports that a certain company (name furnished) has around 90% foreign nationals at their South African offices, he has investigated the matter and determined how it was made possible for the specified company to operate and work in the Republic under such circumstances?
Reply:
In investigating this matter, DoEL consulted with DHA to determine whether DHA had granted Huawei a permit to employ more than 40% foreign nationals. The response bt DHA waqs that DHA had not granted any such permission, whether explicitly or impied. The only visas for which the Immigration regulations prescribe the 60:40 ratio are Corporate visas and Business visas. None of the current Huawei employees are on either of those two visa categories.
Home Affairs records show that Huawei has been issued with 538 intra-company transfer work visas, 76 critical skills work visas and 11 general work visas. This makes up a total of 625 work visas issued to Huawei employees.
Holders of intra-company transfer work visas do not hold a local position in the staff establishment of Huawei in South Africa. They remain employed by Huawei abroad in the Peoples Republic of China. They are physically head quartered in South Africa but employed by the mother company abroad to service other markets on the African continent.
While Huawei may have 625 foreign employees based in South Africa, those who are employed on the staff establishment of Huawei in South Africa in terms of the Immigration Regulations are 87 in total (76 critical + 11 general work).
The 87 employees are the ones who have local contracts to conduct work in South Africa for Huawei. When properly interpreted, Huawei South Africa employs 87 foreign employees.
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