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Johannesburg – Foreign nationals could be barred from working in some unskilled and semi-skilled jobs in certain sectors of the South African economy in favor of locals if a legislator has his way.
IFP MP Liezl van der Merwe will introduce new legislation that proposes, among other things, that employers cannot employ a foreigner in the country without a valid and applicable work visa and ensuring that the numerical target prescribed by the Minister of Work and Employment Thulas Nxesi has been reached.
According to the IFP’s proposed Employment Services Amendment Bill, employers can only hire foreign nationals after ensuring that there is no other person in South Africa with the appropriate skills to fill that vacancy.
”An employer may make use of public employment services or private employment agencies to assist the employer in hiring a suitable employee who is a South African citizen or permanent resident and must prepare a skills transfer plan in respect of any position at the that a foreign citizen is found. employee, ”the bill states.
According to the IFP, the high rate of unemployed South Africans and the high representation of foreigners employed at lower levels of occupation, particularly in the unskilled sector, is a critical concern.
”Taking due account of the Law for the Promotion of Equality and Prevention of Unfair Discrimination of 2000 (Law No. 4 of 2000), the State should try to control the increasing preference of certain sectors of the workforce to employ foreigners in South African Citizens, No Skills-Based Justification, ”the country’s fourth largest party explained its reasons for introducing the legislation.
The IFP also claims that there is a perception by South African citizens that foreign nationals are “taking their jobs”, which it believes exacerbates xenophobia.
“Therefore, it is imperative to regulate the employment of foreigners in the Republic, to stop the narrative that the ratio of job opportunities between foreigners and South African citizens is skewed towards foreigners,” the IFP said.
The party’s whip boss in the National Assembly, Narend Singh, and his general treasurer, told Independent Media that the decision to introduce the bill was made by their group at a workshop earlier this year, following the interaction. with his electorate and the general public in December of last year.
Narend said the IFP wanted to find a mechanism to regulate the employment of foreign nationals in semi-skilled or unskilled jobs, such as drivers and waiters, occupations that don’t require any special skill sets.
“Employers want to pay foreigners low fees,” Singh said.
He said that employment regulation would ensure that South Africa does not continue in this current pattern characterized by rising levels of already high unemployment.
“We are not saying that they do not employ foreign nationals, but South Africans should take priority,” Singh said, adding that this would apply only in certain economic sectors.
The IFP will reach out to all sectors, unions and other political parties starting next month to get their views on the proposed amendments, according to Singh.
He said the legislation would also help prevent abuse of cheap labor.
Singh also accused the government of not doing enough to develop the skills of unemployed South Africans.
He cited the example of the hospitality industry, where, he said, 90% of restaurant waiters are not South African.
“He is not xenophobic,” he insisted. He said Ghana and some European countries also have similar restrictions.
The legislative amendments proposed by the IFP come at a time when the Gauteng provincial government is pushing ahead with its plans to ban foreigners from operating businesses in certain sectors in the municipalities of the richest provinces.
The legal opinion obtained by the Institute of Socioeconomic Rights of SA has indicated that the Draft Law of Economic Development of the municipality of Gauteng may be unconstitutional, an unjustifiable infringement of various rights and could fuel xenophobia.
Political Bureau
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