By Lehlohonolo Lehana.
Economic Freedom Fighters (EFF) leader, Julius Malema,visited restaurants in Midrand,on Wednesday to check the employment ratios of foreigners and locals,in what appears to be an onslaught on foreigners.
Malema started at Kream restaurant, where the owner Tufan Yerebakan initially refused to meet the EFF but then gave in. After the meetings, Malema said business owners had agreed to a 50/50 staff split.
“We have gone to three restaurants, and we are well certified that they are adhering to what we are looking for. Kream has an almost 50/50 employment ratio when it comes to foreign nationals and locals, while the other restaurants, Ponta and Doppio Zero, have got a majority of their employees being South Africans.
“We want to make an emphasis to the owners of restaurants that no one should stop employing Zimbabweans here; we want them to work here because this is their home. There should be no apology about hiring Zimbambweans or any other African brothers or sisters. In doing so, businesses must also still remain conscious that there are locals who must be given a preference,” said Malema.
However, after making all these unsubstantiated claims, the EFF leader, after visiting three restaurants at the same mall, then conceded that his initial suspicions had been proven wrong.
He did, however, maintain that “businesses can not have a situation where they exclude South Africans, and we have made that point clear to everyone, and they all agree that we have a problem of high unemployment and a problem of poverty as a country, which can only be resolved through employment.”
The EFF is responding to a populist army marching against African migrants. At Soweto on Sunday, Nhlanhla Lux of Operation Dudula and his followers removed foreign traders from the Bara taxi rank.
The next day, 18 January, the Patriotic Alliance combed through the Johannesburg City Council building, counting and threatening foreign-born staff.
Labour and Employment Minister Thulas Nxesi said do-it-yourself inspections were ill-advised. He said his department is finalising regulations to “deal with the employment of foreign workers in South Africa.
Meanwhile the department of labour and employment has called on employees to ensure that their rights are respected in the workplace.
In a statement on Wednesday, the department said that it is also the responsibility of employees to fully ensure their rights are respected and should an employer violate their rights, they can lay their complaints with the appropriate forum.
“The principle of fair labour practice is a fundamental right that is enshrined and guaranteed in the Constitution of the Republic of South Africa which is the supreme law of the land.
“Furthermore, the Labour Relations Act of 1995; and the Basic Conditions of Employment Act of 1997 give effect to the principle of fair labour practice. These pieces of legislation also prescribe recourse for employees who feel that their rights have been trampled upon,” the department said.
The department also said that the premise of its legislation is predicated upon protecting all employees despite their nationality as long as employment relationship can be identified.
“The same rights accorded to a South African employee, such rights apply to foreign national employees. That means they are entitled to conditions of employment and prescribed minimum wage. Any employer who departs from this principle because an employee is a foreign national violates our laws,”the department said.
The right of enforcing compliance with the legislation resides with the Department of Employment and Labour although in the area where a sector is covered by a bargaining council collective agreement, the bargaining council have the right to enforce conditions of their collective agreement.
The department further prevails upon any organization or political party that feels or come across non-compliance with the labour laws to raise such matter with the Department of Employment and Labour or bargaining council if such a sector falls under the jurisdiction of a bargaining council.
Nxesi, added that the department intercedes with such an organization to act cautiously and within the ambit of the law. He said that one cannot seek to see the enforcement of the law by breaking the law too.
“Any violence in seeking to identify areas of non-compliance with the law is counterproductive to the principle of labour market stability and labour peace which are highly coveted in attracting foreign investment that is so badly needed to fight unemployment, inequalities and poverty that bedevil our labour market. I, therefore, intercede with anyone or organization that intends to identify areas of non-compliance with our labour laws to act cautiously and show character by desisting from violence and intimidation,” the Minister said.
The Minister added that Government is also dealing with regulations that deal with the employment of foreign workers in South Africa, therefore it is imperative to wait for the process to be completed rather than parties acting outside the law which will be tantamount to breaking the law.