Minister Nxesi condemns the blocking of roads by the truck drivers.
Minister Nxesi of Employment and Labour, stated that truck drivers are once again blocking national roads with demands ranging from their working conditions to the employment of foreign nationals and issues relating to professional driving permits.
“This propaganda being witnessed by the trucking industry must be stopped and treated as the sabotage and staged crime that it is”. It intends to cause disorder that the country does not require. What the truck drivers are doing is an affront to the entire South African community and should not be taken lightly”; Minister Nxesi stated.
These types of acts also result in the loss of life. The lives lost are far more important than any economic sabotage,” Minister Nxesi added.
According to Minister Nxesi, President Ramaphosa has mandated an Inter-Ministerial Committee, led by Nxesi and comprised of Ministers Mbalula of Transport and Motsoaledi of Home Affairs, as well as affected stakeholders, to address the concerns raised by truck drivers and small truck operators. This IMC has been working hard to address these issues, holding a number of consultations with stakeholders such as truck driver representatives and small truck operators.
In addressing these issues, we were and continue to be mindful of the economic impact of any disruption to supply chains and freight logistics throughout the country and the SADC region. As a result, we have made a firm commitment to address these issues in a way that ensures the long-term viability of our interventions. We have since mentioned that some of these interventions may necessitate a longer runway due to legislative changes.
Nxesi stated, that we excitedly announced a significant milestone in South African history early in February this year (2022), the Government of South Africa has formulated a comprehensive National Labour Migration Policy (NLMP).
Extensive research and an international benchmarking process were used to inform this process, which sought policy based on best practices. As a result, it is clear that, in order to effectively manage the rapid expansion of international migration flows, South Africa must develop an appropriate policy. South Africa is not immune to international migration trends, as well as political attempts to exploit them. As a result, Minister Nxesi stated that the most logical response was to create an effective NLMP.
The truck drivers have admitted to making such remarks. The policy is in the process of being consolidated.
Early in April 2022, officials from the Department of Employment and Labour began a consultative process by holding national roadshows across the country. The Department of Employment and Labour has held roadshows in each of the nine provinces.
“The roadshows were held in each of the nine provinces, and they primarily targeted towns with a high concentration of migrants, employers, farmers, interest groups, and general members of the community”.
During the consultation period, 456 written submissions were received. The Department is currently synthesising and reviewing major recommendations to determine whether they require regulatory changes.
“The Department intends to complete synthesising the recommendations by the end of June this year, and then present a consolidated document at NEDLAC for a formal consultation with social partners”; Minister Nxesi stated.
“I would like to express my gratitude to everyone who took the time to compile the submissions, and please know that those will be taken into account when finalising the National Labour Migration Policy”; added Nxesi.
The Policy covers the following broad, but inter-related areas where policy gaps exist:
Labour migration governance and management
Data for evidence-based policy monitoring and evaluation
Labour migration to South Africa, and
Labour migration from South Africa.
The proposed National Labour Migration Policy aims to achieve a balance across four areas:
The first is to address South Africans’ expectations regarding access to work opportunities, given worsening unemployment and the perception that foreign nationals are distorting labour market access. The NLMP, together with proposed legislation, will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors such as Agriculture, Hospitality and Tourism, Construction, etc.
The NLMP will be complemented by Small Business intervention and enforcement of a list of sectors where foreign nationals cannot be allocated business visas and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of the economy.
The Department of Home Affairs is also reviewing current legislation and strengthening the Border Management Authority to secure porous borders and to allow for the orderly movement of people and other nationals through ports of entry only.
From the side of my Department, together with all relevant authorities, we are stepping up inspections to enforce existing labour and immigration legislation.
Secondly, Higher Education and Training has released a list of scarce and critical skills in high demand to provide guidance to all institutions to prioritise education and training interventions in those areas. The list will be used as a last resort, to allow foreign nationals in possession of the listed skills that the economy requires, and where job offers have been made, to be allocated work visas. The government will also impose various obligations on both the employer and the foreign national to transfer skills to locals and permits will be limited to specific durations.
Thirdly, South Africa is a signatory to international treaties and conventions governing the rights of migrants and refugees. All policies and interventions were developed within the ambit of the constitution of the Republic of South Africa and the government will ensure the protection of migrant workers and their families in accordance with international standards and guidelines.
Fourthly, South Africa will also implement these initiatives within the context of its regional integration and cooperation imperatives that have already been agreed to at the Southern African Development Community (SADC) and African Union levels.
The National Labour Migration Policy goes hand in hand with a proposed Employment Services Amendment Bill -providing a policy framework and the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants.
The proposed amendments to the Employment Services Act (of 2014) aim to limit the extent to which employers can employ the number of foreign nationals in possession of a valid work visa in their employment and codifies the obligations of an employer engaging foreign workers to amongst others:
only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act, or any other provision;
ascertain the foreign national is entitled to work in the Republic in the relevant position;
satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;
prepare a skills transfer plan, where appropriate;
employ foreign nationals on the same terms as local workers; and
retain copies of relevant documentation.
In summary, National Labour Migration policy aims to achieve a balance between the following:
The population’s expectations regarding access to work for South Africans, given worsening unemployment and a perception that undocumented foreigners are distorting labour market access;
South Africa’s labour market needs, in particular, the need for critical skills not locally available;
The protection of migrant workers and their families, in accordance with international standards and guidelines; and
Regional integration and cooperation imperatives.
It was critical to remind each other that on Monday, October 25, 2021, the IMC would meet with the protesting truck drivers and small truck operators who had blockaded the N9 and N10 highways outside Middleburg Eastern Cape. According to the engagements, the issue of foreign national employment was prominent in their demands.
“We took note of the allegation that employers take advantage of the lack of clarity in our regulations insofar as this relates to foreign nationals driving in South Africa using Professional Driving Permits issued in their respective countries,” Minister Nxesi said.
Employers are urged to avoid hiring and exploiting foreign truck drivers.
While long-term interventions are being implemented, we have committed to the following actions to stop the illegal behaviour:
In April 2021, we published an amendment to the Road Traffic Act Regulations that states that a Professional Driving Permit issued by a foreign country is only valid for a vehicle registered in that country. Once this Regulation takes effect, a foreign national will be prohibited from driving a South African-registered truck while holding a foreign Professional Driving Permit.
We continue to strengthen existing joint law enforcement operations involving the SAPS, the Department of Labour and Employment, the Department of Home Affairs, and the Road Traffic Management Corporation.
Improve the validation and verification of immigration documents, work permits, and foreign driver’s licenses. A synchronised process between countries was proposed for driver’s licenses. This will ensure that operators are treated equally in both the dispatching and receiving countries.
As previously stated, the National Road Traffic Act requires foreign operators to use an operator permit/card. The rationale for such a provision is to allow the government to manage situations in which an operator does not comply with South African laws. These cards have a one-year validity period, and failure to comply with applicable laws will result in the operator’s deregistration.
We have always invited and included their leaders to sit at the table so that they can better understand the measures we are putting in place to address their demands.
It is thus inappropriate for truck drivers to imply or create the impression that the Department of Employment and Labour and the government have done or are doing nothing to address their concerns. To date, we have advised that industries that were not registered as trade unions sort out their registration because it was critical; however, this remains to be seen.
We will not tolerate lawlessness in the form of road blocking, which not only stifles economic activity but also jeopardises the rights of others to use the roads. We urge law enforcement to not be afraid to unleash the full force of the law on those who use illegal means to express their grievances while undermining the rights of others.
The Ministry of Police is urged to issue a strong warning to all perpetrators and drivers who have been complicit in this activity by allowing the law to take its course. Arrest the perpetrators of this sabotage, criminal activity, and organised crime.
“We can no longer remain silent while truck drivers continue to wreak destruction as if nothing has been done”; mentioned Minister Nxesi.
“We are available as the IMC upon request for a media roundtable discussion to clarify our stance, and we remain open for consultation as was and continue to be the case.”
Minister Nxesi concluded that the IMC remains committed to ensuring that the interventions that have a similar impact on other sectors receive the necessary impetus within the confines of the law.
Source: Government of South Africa