An employer is taken in by police in Camps Bay. Picture: Supplied
Cape Town - Calls for a crackdown on the exploitation of undocumented workers likened to “slaves” in the Cape Town hospitality industry have gone out, following the arrest of three employers in Camps Bay.
The Department of Employment and Labour, together with Home Affairs and stakeholders, are continuing with blitz inspections along the Atlantic Seaboard strip this month, which has so far resulted in the arrest of at least 13 people – 10 of those working in the country without proper documentation, and three of those, employers.
In a statement, the department said they carried out raids and inspections in Camps Bay, where they found a substantial amount of illegal immigrants working at restaurants, with the employers also held to account.
“One of the employers was arrested on Friday, January 10, during a multi-departmental raid to enforce multi-disciplinary compliance in the restaurants,” the department said.
“The raid was conducted at Camps Bay, an affluent suburb of Cape Town.”
The department said it was a joint operation in partnership with the Department of Home Affairs (DHA), City of Cape Town’s Environmental Health Department, the Private Security Industry Regulatory Authority, Border Management Authority, SAPS, Metro Police, Liquor Board and Law Enforcement.
According to data via the Department of Employment and Labour, during operations, they are allowed to use and implement the Employment Services Act, which demands that an employer make sure a person employed in South Africa from a foreign country, have the relevant work permit and a certain skill that is not found in the country.
National chairperson of the Federated Hospitality Association of South Africa (FEDHASA), Rosemary Anderson, said they were working alongside the Department of Employment and Labour to make sure businesses were compliant.
“It’s a critical issue, and as a result of one of these meetings, the Department of Employment and Labour and FEDHASA are developing an initiative, which will be launched the first quarter of this year, to provide restaurant owners and hospitality businesses with practical solutions and clear guidelines to help reverse the trend of non-compliance,” Anderson said.
Sharon Ekambaram, manager for the Refugee and Migrant Rights Programme at Lawyers for Human Rights, said one had to be mindful of the exploitation of undocumented workers, who were desperate for an income and were often treated like slaves.
“It is unfortunate that unscrupulous employers in SA are exploiting the most vulnerable when they employ foreign nationals in their company or farm or place of work,” Ekambaram said.
“Employers can get away with paying slave wages and workers are not provided with a contract of employment so they can be hired and fired at the whim of the employer.
“This is a country with a Labour Relations Act that was crafted to protect the most vulnerable workers in SA.”
She said the DHA was failing to ensure systems worked in providing residency.
DHA spokesperson, David Hlabane, did not respond to queries by the Cape Argus on Wednesday.
SA Human Rights Commission (SAHRC) commissioner, Aseza Gungubele, said the situation was dire in the hospitality industry.
“The Commission acknowledges the seriousness of the issues raised regarding undocumented workers, particularly in the hospitality and domestic sectors.
“The exploitation of workers, including non-payment of minimum wages and excessive working hours, constitutes a violation of labour law and human rights and undermines the dignity of individuals.
“During the various monitoring exercises and stakeholder engagements that the SAHRC has recently had, we have picked up several issues that impact on migrants and their (in ) ability to follow due process.”
James Chapman of the Scalabrini Centre in Cape Town said although they had not been engaged in the blitz inspection, they called for rights of the illegal immigrants to be protected.
“It is also important for officials to assess whether individuals identified in an operation are asylum seekers or refugees as asylum seekers and refugees have the right to work and reside in the country and are protected against detention and deportation.”