Foreign nationals could be barred from working in some unskilled and semi-skilled jobs in certain sectors of the South African economy in favour of locals if a lawmaker has her way.
IFP MP Liezl van der Merwe will table new legislation that
proposes, among others, that employers may not employ a foreign national in the
country without an applicable and valid work visa and ensuring that the
numerical target prescribed by Employment and Labour Minister Thulas Nxesi has
been reached.
According to the IFP’s proposed Employment Services
Amendment Bill employers may only hire foreign nationals after satisfying
themselves that there is no other person in South Africa with suitable skills
to fill that vacancy.
”An employer may make use of public employment services or
private employment agencies to assist the employer to recruit a suitable
employee who is a South African citizen or permanent resident and must prepare
a skills transfer plan in respect of any position in which a foreign national
is employed,” states the bill.
According to the IFP, the high rate of unemployed South
Africans and the high representation of foreign nationals employed in lower
occupation levels, particularly in the unskilled sector, is a critical concern.
”With due regard to the Promotion of Equality and
Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), there should
be deliberate attempts by the state to control the increasing preference by
certain sectors in the workforce to employ foreign nationals over South African
citizens, without justification on the basis of skills,” the country’s
fourth-largest party explained its reasons for introducing the legislation.
The IFP also states that there is perception by South
African citizens that foreign nationals are “taking their jobs”, which it
believes exacerbates xenophobia.
”Therefore, it is imperative to regulate the employment of
foreign nationals in the Republic, in order to stem the narrative that the
ratio of job opportunities between foreign nationals and South African citizens
are skewed towards foreign nationals,” said the IFP.
The party’s chief whip in the National Assembly, Narend
Singh, and its treasurer-general, told Independent Media that the decision to
table the bill was taken by its caucus at a workshop earlier this year,
following interaction with its constituency and the general public in December,
last year.
Narend said, the IFP wanted to find a mechanism to regulate
the employment of foreign nationals in semi-skilled or unskilled jobsm, such
as, drivers and waiters, occupations which do not require any special set of skills.
”Employers want to pay poor rates to foreign nationals,”
said Singh. He said regulating employment would ensure that South Africa does
not continue in this current pattern characterised by increasing levels of
already high unemployment.
”We are not saying don’t employ foreign nationals but South
Africans must get priority,” Singh stated, adding that this would apply only in
certain economic sectors.
The IFP will approach all sectors, unions and other
political parties from next month for their views on the proposed amendments,
according to Singh.
He said the legislation would also help prevent the abuse
of cheap labour. Singh also accused the government of not doing enough to
develop skills of unemployed South Africans.
He cited the example of the hospitality industry, in which,
he said, 90% of waiters in the restaurants are not South Africans.
”It’s not xenophobic,” he insisted. He said Ghana and some
European countries also have similar restrictions.
The IFP’s proposed legislative amendments come as the
Gauteng provincial government steams ahead with its plans to bar foreign
nationals from operating businesses in certain sectors in the richest
province’s townships.
Legal opinion obtained by the Socio-Economic Rights
Institute of SA has indicated that the Draft Gauteng Township Economic
Development Bill may be unconstitutional, an unjustifiable infringement of a
number of rights and might fuel xenophobia. IOL
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