The Road Freight Association (RFA) has urged government to consistently enforce existing labour and immigration laws rather than relying on the appointment of thousands of new labour inspectors to address the employment of undocumented foreign nationals.
Responding to President Cyril Ramaphosa’s national address on 7 June, RFA CEO Gavin Kelly said the association had repeatedly raised the issue with government and offered practical solutions years ago.
Kelly referred to the President’s announcement that government would recruit 10 000 labour inspectors during the current financial year and increase penalties, including imprisonment, for employers who violate the Immigration Act.
“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,” Kelly said.
Little progress by Presidential Task Team
He said the association had made proposals and offered its assistance, but “nothing much came of that”.
Kelly said a Presidential Task Team involving government departments, employer organisations, organised labour and the All Truck Drivers Forum South Africa (ATDF-SA) produced a 14-point plan, but that very little progress had followed.
He also criticised the task team’s focus on training drivers.
“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’,” he said.
According to Kelly, the widespread use of foreign nationals in the road freight and logistics sector stems from three key failures: the lack of compulsory registration and monitoring of freight operators, inadequate inspections across the sector, and no requirement for operators to prove registration with the National Bargaining Council for the Road Freight and Logistics Industry, an employer organisation, or identify their drivers.
He warned that unless these shortcomings are addressed, “the current situation will continue and deteriorate”.
Kelly added that provisions already contained in the National Road Transport Act are also not being applied and could help resolve the current situation.
He argued that appointing additional labour inspectors would have little impact if inspections continue to focus mainly on registered, compliant companies.
Consistency needed in apply rules
“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,” he said.
Kelly maintained that the real challenge lies within South Africa rather than at its borders.
“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),” he said.
Kelly stressed that the association was not calling for the removal of all foreign nationals.
“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.”
