The real problem isn’t illegal foreign workers, it’s enforcement

As government ramps up immigration enforcement and promises thousands of new labour inspectors, the road freight industry says South Africa’s problem is not a lack of laws, but a failure to enforce them. 

The debate around foreign nationals working in South Africa has intensified following President Cyril Ramaphosa’s recent address on immigration enforcement and labour law compliance. While government has promised tougher action against employers who break the rules, the Road Freight Association (RFA) argues that South Africa already has the legislation needed to address the issue. CEO Gavin Kelly says the real problem lies in enforcement.

Freight industry challenges government’s immigration crackdown

In a statement following the president’s address, Kelly says the road freight sector has repeatedly raised concerns about the employment of undocumented foreign nationals. “The RFA reminds the president of the various urgent communications addressed to him in 2018 and 2022 by the association, regarding this very matter – more specifically the issue of the employment of undocumented (illegal) foreigners in the road freight and logistics industry,” he stresses.

Kelly notes that the industry has done more than simply complain. “Suggestions were made, proposals on how to address the matter were provided and the offer to assist with addressing the situation was made. Nothing much came of that,” he says.

According to Kelly, a Presidential Task Team involving government departments, organised labour and industry stakeholders was established to tackle the issue. However, he says that progress has been limited. “The result was a 14-point plan being drafted. Years later – not much (well, very little) progress has been made, resulting in the ATDF-SA leaving the Task Team,” he elaborates.

Why employers hire undocumented workers

Kelly believes the widespread use of undocumented foreign nationals in the freight sector stems from systemic failures rather than gaps in legislation. “The prime reasons for the ‘widespread’ use of foreign nationals in the road freight and logistics sector boil down to three simple facts,” he says, listing what he describes as weak registration requirements, poor inspection practices and a lack of verification during operator registration.

He argues that non-compliant operators often avoid scrutiny, while compliant businesses face repeated inspections: “The inspection of all companies within the sector is not done. Only the ‘known / compliant / registered’ companies are inspected, over and over again.”

Kelly warns that unless these issues are addressed, the situation is likely to worsen. “Without these (inspections) – as the association has repeatedly noted to the Department of Transport – the current situation will continue and deteriorate,” he emphasises.

New inspectors may not be the answer

One of the president’s key announcements was the phased recruitment of 10,000 labour inspectors during the current financial year. For Kelly, however, increasing inspector numbers alone is unlikely to solve the problem. “The president further notes that there will be thousands of ‘new labour inspectors’ being appointed and deployed. This will, in reality, have no real effect if the current status quo of inspections is maintained,” he explains.

Instead, he argues that enforcement efforts need to focus on identifying businesses operating outside regulatory frameworks, rather than repeatedly auditing those already complying with the law.

Kelly also questions whether the threat of prosecution would significantly alter behaviour: “It is quite clear that the threat of prosecution, which currently is catered for in legislation, has not been seen to be a deterrent.” He attributes this to weak inspections, poor prosecution processes and ineffective enforcement.

Not about removing foreigners

The immigration debate has become increasingly emotionally charged, with tensions rising in several sectors of the economy. Kelly is at pains to distinguish between legal employment and undocumented employment: “The real test lies within the country itself. That’s what the RFA has said, Mr President, over and over again.”

He argues that existing laws already set out when employers may hire foreign nationals and when South African citizens should be given preference. “There is sufficient enabling legislation. There are clear rules and circumstances detailing when and why foreigners may be offered employment in preference to South African citizens,” he explains. His message to government is straightforward. “Apply that. Consistently. Rigorously. Require all employers to jump through the requisite hoops.”

Kelly concludes by rejecting blanket anti-foreigner sentiment, while calling for equal enforcement of the law. “This is not about removing all foreigners, just because they are foreign. It’s about following the rules; applying the rules; making the process just, fair and consistent.”

As the debate around immigration intensifies, the freight industry’s challenge to government is likely to resonate beyond transport, raising broader questions about enforcement, compliance and accountability across the South African economy.