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Hairdressers are among the many service providers who lose their income during the coronavirus blockade that has been in place since March 26. To add insult to injury, many of them are small business owners or freelancers, which means they don’t qualify for unemployment insurance benefits.
Despite the easing of closure regulations since May 1, which allows for the sale of beauty and hair-related products, including in salons, law enforcement officials often ignore this.
The Hairdressing Beauty and Cosmetology Employers Organization (EOHCB) made a request and garnered overwhelming support from industry and customers to reopen salons, but this has not impressed the government.
Defender Carlo Viljoen and his team of associates at Victor’s Online Legal Consulting will address the Superior Court on May 19 to request an urgent judicial questioning for the industry to reopen, arguing not only that their financial strain is turning too difficult to bear, but also that it can and will adhere to safety and health protocols.
Spearheading the initiative is Jade Delphine Tomé, a South African hair industry businesswoman living in Portugal. She has been involved with Tomé Distribution, a product provider for many local salons for the past 15 years.
“About two and a half weeks ago we began to receive messages from many of our customers, who over the years have become our friends, who have reached a point of real despair. People were being fired, many were being fired, making it a really difficult time for everyone.
‘We need to be together’
“We decided we had to try to do something to get some kind of pardon. When the government rejected the EOHCB’s plea, it immediately sparked a nerve in me to post a video on Facebook, which was a call to stylists and beauticians to say: we need to unite, we have to fight, we cannot accept no for an answer … “
Tomé’s video quickly went viral and garnered thousands of shares and views. “I’ve only received positive feedback from people willing to join in and try all the roads, that’s where it all started.”
According to Tomé, the government’s greatest concern is social distancing and human contact. “But there are retail stores that are open where the products are handled by people.”
“I would like salons to fully service and operate their businesses again, as I am 100% sure that we, as an industry, will continue to abide by all security measures, including seeing one customer at a time, wearing face masks and shields , have security screens in reception and continuous disinfection and cleaning of all work counters, equipment and all professional products within the room. “
According to government regulations published on April 29, beauty, nail and hair salons can sell specific categories of products, and all treatment services are still strictly prohibited.
Classrooms follow strict sanitation protocols
Salons wishing to sell during Covid-19 National Closing Level 4 must obtain a CIPC permit. Sole proprietors cannot register with CIPC, but can obtain a letter and a copy of the CIPC permit from the company supplying their products, if they have one.
But according to Tomé, there have been some setbacks, such as alleged harassment by law enforcement and confiscation of stocks, despite the paperwork being in order. For fear of victimization, the details of the incidents are being hidden.
“As a result, many classrooms fear the same thing will happen to them, making it a very precarious situation.”
Tomé says he is pushing for reopening of salons because the industry has always been strict about hygiene and sanitation and is adhering to Covid-19 regulations simply as a result of his training.
“We need some kind of pardon, and I will take whatever we can get as an industry to help us start earning again safely and legally. Right now, many beauty salon workers are in misery, they have no income at all. absolute.
“We are going to fight this case on a fact-by-fact basis, using expert witnesses, demonstrating that we can comply with all closure regulations, more than other industries.”
Go underground
At ground level, life has been terrible and unpredictable for those in the industry who were left in limbo by current closure regulations, which has led many workers to trade illegally.
Savannah * is a stylist who, out of desperation, started visiting clients in their homes to make ends meet.
“Since the beginning of the shutdown we have not been able to work at all,” he told News24. “I didn’t earn a penny for the first three weeks. My boss couldn’t pay any expenses or wages.
“So for the past few weeks, I’ve been grooming people’s hair privately. Obviously, it’s been really stressful … the fear of getting caught and compromising one’s professionalism, and looking over your shoulder the entire time. But I had no choice, I have to, I have to pay my bills and put food on the table, there is no other way out. ”
According to Savannah, she is a law-abiding citizen who has been “forced” to violate the law for a living. And she is not the only one.
“Many people are doing this. My boss encouraged me to do it because she can’t pay me, and she is doing it too. I know people who are waxing from their homes, doing nails, pedicures, etc.” I have had to resort to creativity with certain tools, like cutting a file to use as aluminum foil and getting our own products. “
But, in an ironic twist, Savannah is better financially than ever. “There is a massive demand and I have a lot of new clients.”
Savannah does not believe that working illegally presents any real risk.
“All of our equipment is sterilized and cleaned, as always. We use hand sanitizer, all of our appointments are individual, we wear masks, as long as everything is hygienic, regulations don’t have to be so extreme. I know so many people in the industry that They don’t know how they are going to put the food on the table. There are ways to make this work, it would be possible if there was some flexibility.
‘It was a lifesaver’
“I’m just trying to pay my bills, I’m not doing shady shit.”
Savannah says that, financially, she is better off than before closing.
“There is a much higher demand and I am getting a lot of referrals. Also, all the money goes directly into my pocket, it has been saving lives. I would be totally screwed if I wasn’t doing this.
Savannah client Nadine * says regulations are turning criminals into ordinary people. “These are people who just want to get on with their lives and who do not pose a significant risk to anyone in particular. I have never violated a law in my life; in fact, I have a law degree. I feel like driving something like this. Underground is really undemocratic and pointless.
“I’m going to do my hair on Tuesday and I don’t feel guilty about it.”
Tomé acknowledges that there are many home salons and informal hair salons that will be difficult to regulate, should concessions be made for the industry to operate. “We would have to make sure that those who open their businesses comply with industry protocols. Therefore, those who work from home could at least rent a chair in an approved salon and thus continue to earn income. At least we ‘will know that these environments will be 100% controlled, sterilized and hygienic. This does not mean that the domestic salons are not, many domestic salons are pristine. We, as an industry, are willing to comply with any directive, as long as there is leniency. ”
Arbitration process available
According to Department of Cooperative Governance and Traditional Affairs spokesman Lungi Mtshali, salons must be allowed to sell hair care products under the Tier 4 blocking provisions, and that a CIPC permit is not required to do so.
“However, Cogta is subject to the regulations in terms of which industries can operate during the shutdown. We do not have the authority to arbitrarily change the regulations. But we have established an arbitration process for people who feel hurt by any part of the regulations. We encourage people to take that route if they feel like they are being marginalized in some way. ”
While Mtshali was unaware of Viljoen’s court request, he said he had seen other representations of the hair industry.
“We emphasize the people affected by this. Everyone wants their industries to be opened, but we have to be as responsible as possible.”
But, Mtshali said, the industry is difficult to regulate because there are many workers who work from their homes or informal places.
“In one of the representations, someone sent me an image motivating why they should be open to business, but from the image it is evident that there is no social distancing. Images like these demonstrate that they should not be open at the height of pandemic.
“We are always ready to engage with them to see if there is any guidance that can be applied, but so far, there has been no common ground.”
* They are not their real names.
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