Cape Town: The ACDP has welcomed the draft National Labour Migration Policy, which was recently released for public comment by the Employment and Labour Department.
The party’s deputy president Wayne Thring said they welcomed the long overdue draft policy.
“The issue of migrant workers and their regulation in South Africa has long been a matter of concern to the ACDP. A failure to manage this issue carries with it a potential of conflict-creation within the country,” Thring said.
He also said despite welcoming the draft policy, it should be noted that the ACDP was still greatly dissatisfied with the level of unemployment in South Africa, particularly among the youth.
“We are of the view that the current unemployment rate of South Africa, 34.9 percent as reported in the last quarter, is as a result of failed policies and poor and reckless decisions taken by the ruling party.”
Thring called upon all South African citizens to be a part of those who would commit to building the country.
“Acts of violence, looting, xenophobia and general lawlessness has the resultant effect of increasing socio-economic hardship and unemployment. This we can ill afford,” he said.
“Our collective goal should be to ensure that peace is maintained and that the people of our country prosper in all spheres,” Thring said.
His comment comes on the back of complaints about the employment of foreigners over South Africans and Operation Dudula, a campaign involving raiding shops run by illegal foreigners in Gauteng.
Meanwhile, the public have been given until May 28 to make submission on the draft National Labour Migration Policy and Employment Services Amendment Bill.
The draft policy says there is a need to provide guidance to the Department of Employment and Labour, the Department of Home Affairs and other government departments on the desired policy framework applicable to labour migration impacting on South Africa, among other things.
“In a range of related areas such as recruitment, data requirements, and labour migration to and from South Africa, policy frameworks are either insufficient or absent. An evidence-based and labour migration policy, which takes into consideration labour market needs, is required to deal with these concerns.”
The department has said the draft policy will be implemented along with the proposed Employment Services Amendment Bill. This is intended to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants.
The bill says no person can employ a foreigner unless that foreign national has a right to be employed in terms of visa issued under Immigration Act or has been issued asylum seeker visa with the right to work.
The bill places the onus on the employer to ascertain that the foreigner is entitled to work in the country and is entitled to perform the work in which they are employed.
It also says the employer should “satisfy themselves that there are no persons in the republic, other than foreign national, with the requisite skills to fill the vacancy, before recruiting a foreign national to occupy such vacancy”.
The bill empowers the minister to specify a quota for employment of foreigners by employers in any sector.
It says an employer can employ a greater number of foreigners than are permitted in terms of the quota if a foreign national fills a position in which critical skills are required or after applying for an exemption.
The proposed bill says the Labour Court may impose a fine not exceeding R100,000 on an employer that contravenes provisions of the new legislation.
Political Bureau
