The textile and clothing industry in Newcastle, KZN is facing intense scrutiny following the Department of Employment and Labour ramping up efforts to address deplorable working conditions within the sector.
Following a pivotal meeting on Thursday, 7 March 2024, involving Newcastle factory owners, the Department of Employment and Labour, the National Bargaining Council, and union representatives, concerns have been raised about the urgent need for reform.
The atmosphere during the meeting was palpably tense, reflecting the gravity of the issues at hand within the textile sector.
Additionally, Newcastle’s textile sector has long been a cause for concern, with regular inspections by the Department unearthing a plethora of issues. In light of this, in November 2022, a blitz inspection at 70 factories was done by the Department, which found that only 8% of local factories were compliant with the law. During the same blitz inspection, a total of one hundred illegal foreign nationals were taken into custody.
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Adding to this, as reported by Newcastillian News, Minster Nxesi conducted another blitz inspection with his team on 1 March 2024, at a local factory that had burned down in June 2023. While the factory had been rebuilt, the Minister and his team discovered several violations that resulted in the Department taking steps against the company.
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Furthermore, during the meeting on Thursday, it was noted by various factory owners that they had been all painted with the same brush and were unfairly targeted by the Department inspectors, as well as the Bargaining Council.
“If factories are not complying, how do they survive? How do they trade with their clients? Why do no retailers or chain stores attend these meetings?” emphasised a factory owner, who stressed that many of the factory owners just wanted to ensure productivity remained at a peak, and did not have to leave town as some already have.
However, a representative from the National Bargaining Council highlighted significant challenges encountered during inspections. “When the Bargaining Council goes out alone to Chinese-owned factories, they are not always granted access to the premises,” he said.
While this was frustrating, he pointed out that the factory owners often agitated the matter further, making their employees exit the premises via the back entrances before allowing the Bargaining Council’s teams in, thereby interfering with the inspection process.
It was only through the backing of the SAPS and the Department of Employment and Labour, that the Bargaining Council could do inspections without interference, it stated.
Another challenge, as pointed out by unions, was the employment of undocumented foreign nationals and the long working hours being enforced, with some factories seeing their employees working 15-hour shifts. Further accusations were made that some factories forced their employees to live in deplorable conditions on the business premises, and were often locked inside the building during work hours and after hours.
Looking at the growing concerns in the local textile sector, Minister Nxesi said, “When listening to the issues raised, I think it is important to remember that we all have rights and responsibilities.”
However, he raised an important question about how the department deals with businesses that refuse to respect labour rights.
“When employers are notified of an inspection, they don’t allow the inspectors in. This has not happened once, it has happened multiple times,” he stressed.
Such was the situation, he emphasised that the Department had to do impromptu inspections with the police to ensure they were able to conduct a thorough inspection, without factory owners denying them access or hiding their employees from the Department.
With this said, Nxesi stressed that if all factory owners complied with the labour laws and treated their staff accordingly, they would not have to endure so much scrutiny. “It is important to realise, we are not targeting Chinese businesses, we have focused on Black-owned businesses who have exploited their staff as well. Black or White, Chinese or non-Chinese we want everyone to comply with the law,” he stated.
The Minister further highlighted that at some factories, employees lived in poorly ventilated containers, while there were immense fire hazards at other factories. Then there were those who were forced to work long shifts shifts behind locked doors, with only an hour break a day. “Unless these businesses are inspected and the laws enforced, some employers will continue to exploit people for profit,” emphasised Minister Nxesi.
In addition, he further pointed out that the Department of Employment and Labour has noted that companies that adhered to the legal requirements of the law often boasted better productivity and did not have to waste time and money on the legal ramifications of their actions.
As Newcastle stands as a major industrial hub in KwaZulu-Natal, the Minister stressed the urgency for reform, underscoring the need for compliance or facing punitive measures.
“There is a policy in the pipeline that will see non-compliant employers punished severely,” he assured, promising that infringing factory owners would not pay a quick fine that they could budget for, but that they would lose millions.
With this said, Nxesi stated that the local textile industry was now at a crossroads, with one option seeing the Department enforcing the law at a substantial cost for factory owners. “This is not the best option for me, it is the last resort.”
Rather, Nxesi explained, it was better for factory owners and the Department to work together, seeing labour laws taken seriously and seeing the sector thrive and flourish within the area.
In conclusion, local factory owners are now faced with a clear choice: either adhere to labour laws or face the repercussions of their actions.
What are your thoughts on the Department’s enforcement efforts? Share your views in the comment section below.
Comments 1
This is total disregard of our laws in South Africa. The many petty crimes in the Newcastle magistrate court are flooded with illegal immigrants from our neighboring Lesotho, Swazi land and even upper Africa Mozambique, Malawi amongst others. These Chinese factory bosses have never accounted for their of hiring illegal immigrants desperate for survival in a foreign land while, depriving our citizen for employment so desperately needed, while paying them below the minimum wage gazette by government white paper. We laws to be more stringent to arrest the bosses guilty of this offence to sit in the cells with no option of fine, so they can get time to ponder or contemplate how much damage they are causing in our town Newcastle and our country South Africa at large.
Instead of getting a slap on the wrist by giving them fines of R300.00 while making large profits, the judiciary should make arrests to deter these greedy thugs who do not have any respect for our South Africa, they must also be forced to give back to the communities they continue to benefit from, through proceeds of sales of their garments. Or get taxed higher to fix our infustructure, such as tar roads (pot holes), sewerage drains etc.