Minister of Employment and Labour addresses the nation on nationwide joint compliance and inspection initiatives -
Building a Fair and Prosperous South Africa Through Cooperative Compliance
Ladies and gentlemen of the media,
Members of the Media
It is my privilege to address you today regarding the joint compliance, inspection and enforcement initiatives currently underway nationwide, across our beloved country. This undertaking is a testament to our commitment in the 7th Administration to foster a fair, just, and thriving South Africa for all.
Strengthening the Foundations for Economic Growth
As we navigate the path toward economic recovery and sustainable growth, it is essential that we establish a solid foundation rooted in fair and equitable labour practices. Compliance with our nation's labour laws is not merely a statutory obligation; it is a critical component of creating a stable environment that attracts investment, encourages entrepreneurship, and promotes competitiveness in the global market.
Nationwide Collaborative Inspections
Since assuming office in July 2024, the Department of Employment and Labour has intensified efforts to ensure adherence to employment laws across all nine provinces through high impact blitz inspections in partnership with the Department of Home Affairs, the Bargaining Council of the Hospitality Sector, and law enforcement agencies, including the South African Police Service and the Hawks.
The scale and scope of these inspections demonstrate our commitment to upholding labour standards nationwide. The Western Cape led with the highest number of inspections, totalling 809. Gauteng followed with 764 inspections, and KwaZulu-Natal with 535. Inspections were also carried out in the North West (217), Eastern Cape (82), Free State (69), and Mpumalanga (59).
These joint inspections targeted key sectors and regions, with significant activity in the Western Cape, Gauteng, and KwaZulu-Natal. Our dedicated teams have been meticulously verifying compliance with:
- Basic Conditions of Employment Act (BCEA)
- National Minimum Wage Act (NMWA)
- Occupational Health and Safety Act (OHSA)
- Compensation for Occupational Injuries and Diseases Act (COIDA)
- Unemployment Insurance Act (UIA)
- Employment Services Act, which also addresses the employment of foreigners in the labour markets.
- Promoting Fairness and Protecting Workers
Our inspections have revealed instances of non-compliance, including underpayment of wages, unlawful deductions, and inadequate health and safety measures. To date, we have enforced monetary corrections totalling over R10 million, compelling employers to rectify these violations and honour their obligations to their employees.
We approach enforcement with a balance of firmness and fairness. Employers found in violation are issued compliance orders with clear deadlines for corrective action. In situations where immediate risks to health and safety are identified, Prohibition Notices are issued to halt hazardous activities until compliance is achieved.
Addressing Unemployment and Unlawful Employment Practices
We remain deeply concerned about the high unemployment rate of 33.5% among South Africans, particularly affecting our youth. Concurrently, the employment of undocumented foreigners in various sectors raises serious concerns about exploitation and the undermining of our legal frameworks.
Our administration is committed to addressing these challenges comprehensively and humanely. We are collaborating closely with the Department of Home Affairs to ensure that employment practices comply with immigration laws, and that all workers—regardless of their origin—are treated with dignity and fairness.
An Invitation to Partner for Progress
Compliance is a collective responsibility that benefits us all. We extend an open invitation to all employers, especially those who may be uncertain about their compliance status, to proactively engage with the Department of Employment and Labour. Our Inspection and Enforcement Services (IES) offer support through:
- Advocacy: Providing information and resources to understand legal obligations.
- Inspection: Assessing compliance levels and offering guidance on necessary improvements.
- Enforcement: Taking appropriate action to rectify non-compliance when necessary.
The choice to collaborate, means that employers can avoid the repercussions of enforcement actions and contribute positively to a fair labour market.
Support Provided to Businesses
We offer a range of services aimed at supporting businesses, fostering resilience, and ensuring harmonious labour relations. These include:
Temporary Employer/Employee Relief Scheme (TERS): TERS is designed to provide financial assistance to businesses in distress by helping them meet their wage obligations during times of economic hardship. This initiative ensures that employees can continue receiving income, while businesses maintain operations during difficult periods.
Productivity SA Services: Through Productivity SA, we offer employers turnaround strategies aimed at enhancing their operational efficiency and sustainability. These services are provided at no cost to the employer and are designed to assist businesses in improving productivity, optimising resources, and preventing business closures.
Commission for Conciliation, Mediation, and Arbitration (CCMA): Through the CCMA, we facilitate mediation and arbitration services between employers and employees, helping to resolve disputes and promote workplace harmony. This process ensures that conflicts are managed effectively, fostering a stable and cooperative working environment.
Operation "Yazini"
Operation "Yazini" is an initiative aimed at raising public awareness about the functions and services provided by the Department of Employment and Labour (DEL). The program focuses on delivering services directly to communities, ensuring that citizens have easy access to the Department's offerings. Through targeted advocacy and outreach, Operation "Yazini" seeks to inform the public about the wide range of support available, including labour rights, employment services, and compliance assistance. This initiative will be launched as part of the Minister’s 100-day programme, reflecting the Department's commitment to engaging with the public and promoting awareness of its services.
Capacity of the Inspectorate: Enhancing Oversight and Enforcement
Expansion of Inspectorate Capacity: Over the Medium-Term Expenditure Framework (MTEF) period, we plan to significantly expand our inspectorate, increasing the number of inspectors from 2,000 to 20,000. This expansion will enhance our ability to conduct thorough audits and inspections across the country.
Introduction of Risk-Based Profiling: To maximise the effectiveness of our inspections, we will implement a risk profiling system. This approach will allow us to prioritise audits and inspections based on identified risks, thereby improving our capacity to address high-priority non-compliance areas more efficiently.
Specialised Segment-Based Compliance: We will introduce a specialised, segment-focused compliance framework. Our enforcement strategy will be integrated and risk-based, enabling us to address all compliance issues at the workplace in a holistic and comprehensive manner, ensuring that all regulatory requirements are met.
Advancing Social Justice and Economic Prosperity
Our commitment extends beyond enforcement; it is about fostering social justice and ensuring that every worker's rights are protected. Fair labour practices lead to increased morale, productivity, and ultimately, a more robust economy. Together, we can build a society where economic prosperity and social equity reinforce each other.
Moving Forward Together
In closing, I urge all stakeholders—businesses, labour unions, civil society organisations, and fellow citizens—to join us in this vital endeavour. Let us work collaboratively to create a labour market characterised by fairness, safety, and mutual respect.
We will continue to keep the nation informed of our progress and remain steadfast in our dedication to transparency and accountability. Together, we can forge a brighter future for all who call South Africa home.
Thank you.
Media enquiries and interviews:
Ms. Thobeka Magcai, Ministry Spokesperson
Email: Thobeka.Magcai@Labour.gov.za
Cell: 072 737 2205