Mr Dries Joubert, chairperson of TAU SA North, this week called upon the Department of Labour to provide proof of alleged irregularities on farms and to also provide a name list of all farmers that the public servants visited.

This follows a visit to some 325 farms by the Department of Labour last week to determine the level of compliance with labour laws. It was a joint operation between the SAPS, labour inspectors, officials from the Department of Home Affairs and the Human Rights Commission. The inspection comes after a blitz conducted on several Limpopo farms two weeks ago during which the department cracked down on illegal workers and farmers who defaulted on labour laws. Following last week’s visit, the department announced that several farmers were found to be contravening applicable labour laws regulating conditions of employment.

Joubert was especially concerned about the way in which the operations were conducted, alleging that locks were broken on several farms to gain access to private property without a search warrant.

"The question can be asked whether the rule of law was the main purpose or was media bashing of commercial farmers the main objective? Is the hidden agenda the creation of a negative climate against commercial farmers to enable the government to expropriate land with a ‘clear conscience’? If government wants to uphold the rule of law, why were locks forced open? Who is going to pay for the damages? Why was private property entered without a legal search warrant? Why were interviews done without the consent or knowledge of the employer? Were employers asked to show records according to the applicable legislation?" Joubert asked.

Another reason for concern for Joubert was the Human Rights Commission’s (HRC) involvement in the operation.

"The Constitution of South Africa provides the duties of the HRC in Article 184: ´The HRC must (a) promote respect for human rights and a culture of human rights´ – destroying locks is forced entry and constitutes a break in - and ´(b) promote the protection, development and attainment of human rights´ – is the enforcement of the audi alteram partem rule (right to a fair hearing) excluded?" Joubert asked. He further said that the HRC damaged their image of being unbiased. He also said the HRC should show proof that they have a sound knowledge of human rights and that they are willing and able to protect human rights enshrined in the Constitution of South Africa, Act 108 of 1996.

As for the employment of illegal laboureres, Joubert said that the TAU SA North would like to state categorically that if any employer, from all industries and sectors, employs illegal immigrants without the necessary permits, they are on their own and will not receive any support from the TAU SA. He added, however, that it is of concern that the renewal of the permits for foreign workers is difficult due to the red tape and sabotaging attitude of government officials.

"The Department of Labour will hopefully spend some energy to streamline the process to enable employers to comply with the law. Labour brokers reported that the department is inefficient and law-abiding citizens find it almost impossible to renew the permits of workers. Some of the workers have been in South Africa for more than 15 years – some have even worked for the same employer for this period," Joubert said.

Joubert reminded members of the provisions in the Farm Visit Protocol. He said it is of concern that the Department of Labour chooses to ignore the provisions, not withstanding the safety risk to farmers. The Department of Labour opens itself up to be seen as an instigating factor in farm attacks.

"The farm attack near Waterpoort on the Mopani road during the weekend is an example," Joubert said.