Sweatshops in Newcastle: 'Fear of arrest' prevents illegal immigrants from reporting exploitation

The exploitation of workers who are illegal immigrants has become a common practice in South Africa, with sweatshop owners refusing to pay salaries or cooperating with authorities for their deportation. 

This was the view of the African Diaspora Global Network's Dr Vusumuzi Sibanda, in reaction to the recent revelation that sweat­shops in Newcastle, northern KwaZulu-Natal, were subjecting their illegal foreign employees to inhuman working and living conditions while paying them far below the living wage.

The Department of Employment and Labour, Portfolio Committee on Employment and Labour and Department of Home Affairs conducted an unannounced oversight visit to the Newcastle Industrial Park last week and found factories, who appeared to be manufacturing clothes for major retailers in the country, with employees who were illegally in the country. 

Some of the employees told Cosatu, which was part of the oversight visit, that some of their employers even refused to pay them.

Sibanda said before the authorities arrest and deport illegal immigrants employed in the country, it should help them get their salaries 'because they worked for them'.

“They (workers) are afraid of being arrested and deported if they go to a government department for help.

“If prosecution should take place, it should take place after they (illegal immigrants) have been paid their salaries.

“But what is happening is that police are called (by employers) and those people are taken to court and deported before getting their money. We are saying the deportation process makes it difficult for those people because what is due to them in terms of the law ends up not being given over to them,” said Sibanda.

He said most employers work with the police and immigration officials “when they owe them (illegal immigrants) salaries for a number of months".

“This also happens to documented foreigners who contribute to the Unemployment Insurance Fund (UIF), because if you contribute to the UIF, the Department of Employment and Labour demands lots of documentation,” Sibanda said.

He said a criminal charge should be laid against the employers and the illegal immigrant employee for engaging in the employment agreement.

“But there are very few instances where the employers have ever been charged. 

“In some cases, employees are unaware that there are such regulations, but all they want is to work,” he said. 

He said to deal with the employment of illegal immigrants, the employers should be arrested and fined. 

“If the employers are charged for exploiting these migrants, the employers would know not to employ illegal foreigners and should be made to pay for all the services rendered,” he said.

Sibanda called on Cosatu to fight for the protection of the rights of immigrants irrespective of their legal status.  

However, Zimbabwe Immigration Federation in South Africa secretary-general Mncedisi Mahlangu said they will not get involved in any issue involving illegal immigrants. 

“Come to South Africa with a legal passport (and documentation) so that when (there are issues, they will know) who you are and where you are from,” he said. 

Mahlangu called on the Department of Home Affair to deal with people who are in the country illegally.

“If employers are hiring people that don’t have documents, the law is straight forward, those employers need to be arrested for exploiting people,” said Mahlangu.

Home Affairs spokesperson Thulani Mavuso, said twenty illegal immigrant employees were found during last week's raids and those found violating section 38 of the Immigration Act of 2002 were arrested and detained at the Newcastle Police Station for further processing.

bongani.hans@inl.co.za