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Zimbabweans
queue for jobs that South Africans won't do
Wiseman Khuzwayo, Business Report (SA)
January 20, 2008
http://www.busrep.co.za/index.php?fSectionId=&fArticleId=4212141
Limpopo farmers have
used permits from the department of home affairs to bring thousands
of Zimbabwean labourers into the country to do seasonal jobs that
unemployed South Africans are not prepared to do.
Home affairs granted
the concession to employ Zimbabwean farm workers to farmers in the
Musina district before rolling out the work permit system nationally.
Mpho Moloi, the director
of the regional home affairs office in Polokwane, said the concession
to use migrant workers had been extended to all farmers in South
Africa, because most farm work was seasonal and there were not enough
locals willing to do the work.
However, Moloi could
not provide statistics on the number of Zimbabwean migrants employed
under the concession in the Musina district, which borders Zimbabwe.
According to the department
of labour, a survey conducted by the International Organisation
for Migration (IOM) showed that most farms in the area sourced 80
percent of their labour from Zimbabwe and 20 percent locally.
The survey further showed
that the overall labour force on those farms ranged between 1 000
and 2 000 workers, depending on the season, although other evidence
suggests there could be many more.
In October 2001 the number
of Zimbabwean migrant workers was estimated at 5 500 when farmers
brought a high court application to stop them being deported by
home affairs.
The farms in the district
produce tropical and subtropical fruit and most of their Zimbabwean
workers are seasonal fruit pickers.
The concession preceded
the Immigration Act of 2002.
When home affairs cracked
down on illegal immigrants in 2001, three rebel farmer associations
belonging to the Soutpansberg District Agricultural Union decided
to act unilaterally to retain the services of their skilled Zimbabwean
staff, some of whom had worked for them for more than 15 years.
The Weipe, Pont Drift
and Njelele farmers' associations applied to the Pretoria high court
to interdict home affairs from deporting their workers in October
2001. The associations said their situation was unique because most
of their members farmed on the banks of the Limpopo River.
They argued that the
workers and their families lived on both sides of the border and
had become irreplaceable components of their farming operations.
In an agreement that was made an order of court, the three farmers'
associations agreed to remove the motion.
Home affairs, in return,
agreed not to arrest the farmers or deport the workers. The department
allowed the affected farmers to present exceptional cases of labourers
who could be exempted from deportation.
Exceptional cases included
those where a foreigner was married to a South African spouse and
qualified for life partnership recognition.
In addition, an office
was opened in Musina to deal with submissions by the farmers. This
cross-border immigration forum was staffed by officials from the
provincial department of agriculture and the national departments
of home affairs, labour and safety and security.
Moloi and the IOM said
this was an informal structure and did not form part of a bilateral
agreement between the governments of South Africa and Zimbabwe.
Moloi said a new agreement was still being negotiated, but the present
arrangement was working well.
In January 2006 labour
minister Membathisi Mdladlana and his Zimbabwean counterpart, Nicholas
Goche, met at the Beit Bridge border post amid massive media interest.
The two ministers also
visited farms along the border, and inspected progress on the IOM's
as yet unopened reception and support centre.
According to the labour
department, one of the aims of the centre is to ensure that those
seeking employment in South Africa are not on the run from the law
in Zimbabwe. It is also intended to help repatriate Zimbabwean migrants
and provide medical assistance and food to the needy, with the help
of international donor organisations.
Moloi said farmers who
wanted to employ Zimbabwean farm workers had to apply to home affairs
for a corporate permit, which cost between R1 000 and R2 000. It
would be issued for six months to a year and was renewable if the
farmer still needed the labourer.
However, he agreed that
home affairs or the farmers could not do much if, after obtaining
the work permit, the migrant headed for greener pastures in cities
like Johannesburg, where he could abuse it.
Charles Pieterse, an
attorney who is also a partner in a labour brokerage, said his brokerage
and law firm assisted farmers in making applications for corporate
permits. His practice had helped about 250 clients on this issue,
but he said there were also farmers who made their own applications.
The concession was intended
to allow Zimbabweans to enter South Africa to work in the farming,
mining and forestry sectors.
Pieterse said the applying
farmer had to motivate his application by explaining why there was
no local labour and undertake to pay the worker the sectoral determination
minimum wage.
For the year to February,
the labour department has set this at R1 041 a month, or R5.34 an
hour, for urban areas, and R989 a month, or R5.07 an hour, for rural
areas.
Pieterse added that any
Zimbabwean farm worker applying for a work permit would still have
to have a valid travel document or passport.
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