The Department of Employment and Labour welcomed the sentence handed down by the Pretoria Magistrate’s Court to three undocumented immigrants who went around Pretoria impersonating labour inspectors and demanding to see compliance documents in line with labour legislation.
Mishack Magakwe, Gauteng provincial spokesperson for the Department of Employment and Labour said Okichukwu Michael Uzor, 45, Loveness Mandivava, 32, and Nyemudzai Muzvidza, 33, were each sentenced to 12 months imprisonment with an option of a R10 000 fine.
“Each of the three undocumented foreign nationals was sentenced to 12 months in prison with an option of R10 000 fine. The department applauds and welcomes the decision, stating that it sends a clear message to those posing as labour inspectors and performing any labour inspection functions to flee,” Magakwe said.
He said the department is concerned about the growing number of pretentious inspectors in Gauteng, but believes it is only a matter of time before the bogus inspectors are pounced on and brought to justice.
“The department wishes to once again thank members of the South African Police Services (SAPS) and employers in the Marabastad area for their prompt response in this matter. As a result of their efforts, the three undocumented foreigners were successfully convicted,” Magakwe said.
Uzor, Mandivava and Muzvidza were arrested earlier this month after they visited different businesses in Pretoria’s Marabastad area, impersonating labour inspectors from the Department of Employment and Labour.
At the time, Magakwe said the two women and one man were demanding Unemployment Insurance Fund (UIF) documents but after some time, the employers became suspicious and called police.
“The three undocumented foreign nationals are accused of going from store to store to check compliance with labour laws and requested Unemployment Insurance Fund (UIF) documents. Suspicious employers began to discuss the suspicious inspectors on their WhatsApp group and called the police,” he said.
“When SAPS officers questioned them, they discovered that the suspects were in possession of forged contracts implying that they were working in collaboration with the Department of Employment and Labour, South African Revenue Services (SARS), and the Amandebele Kingdom.”
The three had allegedly forged the documents which were in their possession, including fake labour inspectors’ cards, which they were using to gain access into different workplace premises.
Magakwe warned that it is a criminal offence to pose as a labour inspector or to perform such functions at a workplace.
“The department emphasises that it is a criminal offence under the Basic Conditions of Employment Act for anyone to pose as a labour inspector and perform any functions related to labour inspection,” he said.
“The department would like to emphasise that it has no contract with any company to conduct inspections on its behalf, and it would like employers to be extra cautious. The department commends employers for their vigilance, which resulted in the arrest of the three suspects.”
Magakwe said bona fide labour inspectors could easily be identified by features, including their uniforms.
“To avoid becoming a victim of a con artist posing as a labour inspector, the department recommends that you keep the following in mind: genuine inspectors can be identified by their inspector identification card, which bears the departmental logo, as well as their trademark uniforms. These are created in advance of the inspection,” he said.
“The department wishes to reiterate and unequivocally state that it has no agreements or partnerships with any recruitment agencies, nor has it authorised any organisation to charge a fee for services rendered by the department.”
The Department of Employment and Labour has appealed to employers to be vigilant.
“Employers must exercise extreme caution and report any suspicious visits or requests to SAPS or the department’s local offices. If employers are concerned about the inspector’s visit, they can check the credentials with the department’s nearest office,” Magakwe said.
