Compliance with the law will be essential, since those businesses that choose not to comply are likely to face stiff fines
This year has once again placed xenophobia under the spotlight. Xenophobic attacks across SA have cost many lives, displaced scores of people who now live in fear, and left businesses reeling. While the focus has been on business infrastructure that has been damaged, insufficient attention has been paid to how businesses conduct their affairs.
Mukuru maintained that South African employees would not be able to either communicate efficiently or relate to its customers on a cultural or ethnic basis. It advised the court that despite a diligent search, it had been unable to find suitably qualified SA citizens or permanent residents who could fill the various vacancies.
In addition, section 9 of the constitution provides that “no person may unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.”
Where the department alleged unfair discrimination the onus was on Mukuru to prove that the discrimination was in fact fair . It was unable to do so, and the exclusion of SA citizens therefore constituted unfair discrimination on grounds which included race, ethnic or social origin, culture, language and birth.
Better regulation of the employment of foreign nationals in SA, in a manner consistent with the objects of the Employment Services Act, the Immigration Act and the Refugees Act. On the subject of foreign nationals the bill also grants the employment & labour minister the authority to specify a maximum quota for the employment of foreign nationals by employers in any sector.
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