In response to President Cyril Ramaphosa’s address to the nation on June 7 on the challenge of illegal immigration and xenophobia in the country, Road Freight Association (RFA) CEO Gavin Kelly stresses that this has been a challenge for many years, with little progress made in dealing with the matter, despite government’s stated plans to do so.

Kelly mentions various urgent communications addressed to the President in 2018 and 2022 by the RFA regarding the matter – and more specifically the issue of the employment of undocumented, or illegal, foreigners in the road freight and logistics industry.

In a media statement, he says that, in those communications, suggestions and proposals were made on how to address the matter. The RFA also offered to assist with addressing the situation.

“Nothing much came of that,” says Kelly.

He notes that a Presidential Task Team – involving the then Ministers of Police, Labour and Transport – had previously convened, which included representatives of the aforementioned departments, as well as the All Truck Driver Forum South Africa (ATDF-SA) – the prime voice for previously – and now unemployed – persons/citizens from the road freight and logistics sector, union representation and the registered employer organisations within the sector.

The result was a draft 14-point plan.

Years later, Kelly says not much, or very little, progress has been made, resulting in the ATDF-SA leaving the task team with continuous complaints that “government is not listening to them”.

“We have seen increasing frustration from the ATDF-SA’s followers in the past few months.

“The task team has focussed on ‘training drivers’. That was never the intention of the task team – reskilling those who had lost their employment for reappointment, perhaps, but not the training of ‘new’ drivers to fill the ‘jobs held by foreigners’,” he says.

Kelly argues that there are three prime reasons why there is “widespread” hiring of foreign nationals in the road freight and logistics sectors.

Firstly, he notes that registration by all companies or entities that move freight on a public road is not required, enforced or monitored.

Secondly, he says inspection of all companies operating within the sector is not done – with only the known, compliant and registered companies subject to inspection.

Lastly, Kelly says there is no requirement, if registering as an operator or road freight transporter, to prove registration with the National Bargaining Council for the Road Freight and Logistics Industry, better known as the NBCRFLI – an employer organisation.

“Without these, as the RFA has repeatedly noted to the Department of Transport, the current situation will continue,” he says.

Kelly explains that there are further aspects of the National Road Transport Act, as amended, that are not applied.

He posits that the application of current legislation would resolve the current situation.

“But make no mistake: the situation relating to undocumented foreigners being employed is just as prevalent, if not worse, in other sectors – most probably for the very same reasons. Current labour and/or sector-specific legislation is not being applied or implemented.”

Moreover, Kelly points out that the President has said there will be thousands of “new labour inspectors” being appointed and deployed.

He posits that this will, in reality, have no real effect if the current status quo of inspecting only known or registered, and in the main compliant, entities operating in an industry.

Kelly says this will likely mean audits for the currently targeted companies will increase, which will hinder operational efficiencies in some regards if personnel are constantly chasing after inspection requirements and not company operational requirements.

“It is also quite clear that the threat of prosecution, which currently is catered for in legislation, has not been seen to be a deterrent – mainly due to poor inspection processes, poor prosecution, weak cases and the power of those who are not compliant to subvert the processes.”

Kelly argues that the most “immediate effect” of trying to counter foreign nationals from entering the country illegally will be felt at the ports of entry – land, air and sea.

He warns that this could, if strictly applied, create backlogs or congestion for the processing of persons legally crossing borders through passport control.

Kelly says foreign drivers of foreign vehicles are generally not problematic as they are employed outside of the country. He adds, however, that there is a need to check whether freight vehicles are also carrying passengers across South Africa’s borders and, if so, what their legal status is.

“The real test lies within the country itself. That’s what the RFA has said, Mr President, over and over again. There is sufficient enabling legislation,” says Kelly, adding that there are clear rules and circumstances detailing when and why foreigners may be offered employment in preference to South African citizens.

“Apply that. Consistently. Rigorously. Require all employers to jump through the hoops required – whether general or sector specific.

“This is not about removing all foreigners – just because they are foreign. It’s about following the rules. Applying the rules. Making the process just, fair and consistent,” he asserts.