Anti-migrant leader Nkosikhona “Phakel’umthakathi” Ndabandaba has challenged foreign businessmen in Mooi River during a march against foreigners, alleging that they are ignoring social responsibilities in running businesses.
Anti-migrant organisations, including the All Truck Drivers Forum and Allied South Africa (ATDF-ASA) and March and March, demonstrated in the KwaZulu-Natal midlands town, an important economic hub along the national transport route, as they campaign against the employment of foreign nationals.
About 200 people, including unemployed truck drivers and activists, marched peacefully under a heavy police contingent.
Addressing Pakistani business owner Muhammad Jaffar, he said: “There are laws in the country about small businesses. When are you guys going to respect that and make way for South Africans to do business? You are 19 years in this country ― 12-13 years doing business, do you know about social responsibility?”
In response Jaffar, who was surrounded by a number of foreign business owners, said he was compliant with South African laws but wasn’t sure about the social responsibility aspect.
Ndabandaba, from the Insizwa Nobunsizwa Development Foundation, said he was trying to help migrants “keep their attitude right”.
“There are social responsibilities, there are corporate responsibilities and you guys must invest as you are coming from outside the country. Treasury says you must invest R5m.
“Did you invest R5m? No, then you can’t have a business in South Africa with a work permit. That’s the rules and regulations and you don’t have that.”
The R5m minimum investment applies to certain applicants for South African business visas under immigration regulations, though the requirement can be waived in some cases. It forms part of South Africa’s business visa regulations administered by the department of home affairs, rather than a National Treasury rule.
Foreign nationals may legally work or operate businesses in South Africa under different visa categories, subject to the requirements of the Immigration Act.
Ndabandaba said part of the social responsibility aspect meant hiring locals and empowering them.
“You see these people today are only a handful of people and they are peaceful. But if you continue to operate here with an attitude that you are here legally, compliant as if you are doing nothing wrong, then you will have a problem.
“You need to be saying we don’t want that, can we please have a conversation about how to fix this situation, how can we address social responsibility?
“That means you empower people who can run your business. You guys come into the country, not stealing, but it is stealing when you are doing business and not educating anyone, and then those people are working for you for 12 years and they’re still a chauffeur. That’s the conversation we should be having instead of saying you have your papers.”
Ndabandaba said papers were easily attained through a bribe and claimed he could “easily” verify the authenticity of the documents.
He said a “peaceful approach” was important because the organisation didn’t want to project the country as unruly.
Gugu Sokhela, national secretary of ATDF-ASA, said there was a breakdown in negotiations following a 11-point plan aimed at addressing the issue of foreign truck drivers, which he warned could result in a national freight industry shutdown.
“We are in this Mooi-Mpofana area where there are challenges of a high unemployment rate. We are aware there are hotels and garages still employing foreign brothers or illegal foreigners and this has to stop.”
He said despite a 2021 agreement with the ministers of transport, labour, police and home affairs, nothing tangible had been achieved and there were no engagements at the moment.
“We said then and we say it again now, driving trucks is not a scarce skill and the battle is still on until one day we will have all trucking companies employing South African brothers because at the moment many still have foreign drivers on their books. The struggle continues until we reach the destination where each and every truck registered in South Africa is driven by South Africans.”
He claimed foreigners enjoy “all the benefits of being employed”.
He said during a recent roadblock at the Mooi River toll plaza, about 30 people were arrested for immigration-related offences.
While police and immigration authorities regularly arrest people for alleged immigration offences, an arrest does not in itself establish that a person is unlawfully in the country or employed in contravention of immigration laws.
“You have foreigners here on visitation visas, not working permits. They are enjoying the status of being employed, yet you have citizens sitting at home without the opportunity of employment. It’s what we have been saying yet people don’t believe us, it is only now they are seeing the results.”
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