Trucks were torched on the N2, N3 and N4 highways last week.
Truck drivers and business owners are frustrated with the pace of moves to clamp down on illegal operators and ensure foreign drivers and their bosses comply with labour and road laws.
But both the department of transport and the employment and labour department said this week that plans are in motion to clean up the sector.
This comes after 21 trucks were torched on freeways and major routes, including the N2, N3, N4 and the R577 in KwaZulu-Natal, Mpumalanga and Limpopo from 10 to 12 July.
The police and private security company Anti Crime Security Unit have so far arrested five suspects who face charges of conspiracy to commit malicious damage to property, malicious damage to property, robbery with aggravated circumstances and attempted murder. They appeared briefly in court on Monday and were remanded in custody.
Speaking against the attacks, All Truck Drivers Forum and Allied South Africa (ATDF-SA) general secretary Sifiso Nyathi said his organisation did not support the violence. But he said the transport and labour departments had not addressed truck drivers’ grievances since they approached former transport minister Fikile Mbalula and labour minister Thulas Nxesi in 2018.
Nyathi said the industry and departments had signed an 11-point agreement to address concerns regarding illegal foreign drivers and non-compliant transport companies flouting labour and road traffic laws but there had been no progress on implementing the plan.
“They said they would form a forum, including all departments from all nine provinces, and we adopted in that document that they will check on the visa status when foreigners are employed, but still, the trucks are driven by foreigners.
“They also said they will bring all transporters under … the National Bargaining Council for the Road Freight and Logistics Industry but there are still companies operating outside of it,” he said.
“After five years, there is still no change. People [drivers] are moaning about what is happening but we know the cause and point the finger to the operators.
“Why do people never moan about people not eating? How can people take the livelihood from people and employ foreigners? They are not operating within the regulations of the industry. No one is pointing a finger at them but, if they operate within the regulations, then the industry will be stable.”
Road Freight Association (RFA) chief executive Gavin Kelly said non-compliance was a problem. The RFA represents just 50% of the industry because membership is voluntary.
“Those companies who do not comply operate with immunity, it would seem, and both the RFA and the ATDF-SA have repeatedly called on both the labour department and the transport department to take the necessary action, such as conducting inspections or refusing to issue operator cards,” Kelly said.
“Not much has been done at all, which is why we are where we are. None of the non-compliant companies have had their operator cards cancelled. Inspections are done with companies that are registered with the bargaining council — and the myriad operating below the radar continue unabated. This is core to addressing the problem.”
He called for labour inspections to be ramped up and for transporters to be forced to provide proof of compliance and registration with independent road freight employer associations when they applied for operator cards. The transport department is in the process of developing a system that should address the issues.
Transport department spokesperson Sam Monareng said it was making progress towards implementing the 11-point plan.
“Most of the activities are already underway. Key to implementation is dealing with issues relating to the traffic register number (TRN).
“In this regard, the departments of transport and home affairs are finalising the interface between the systems with regard to applications of foreign nationals to be issued with a TRN,” Monareng said.
“The basis for the interface is to validate the legal status of foreign nationals to be in the republic before being issued with a TRN. The department has already initiated legislation currently serving before the National Council of Provinces relating to streamlining the process of the usage of a foreign-issued professional driving permit.”
He added the departments of transport and labour and the Transport Education and Training Authority are finalising a memorandum of understanding regarding the training of drivers.
“Discussions are also already underway between the unions and the bargaining council relating to their registration with the bargaining council. The department has impressed upon the labour department to increase investigations and ensure enforcement and compliance with labour laws by all road freight companies,” Monareng said.
Labour department spokesperson Teboho Thejane said regular labour inspections were undertaken at workplaces in all provinces.
“In addition, joint inspections are undertaken at specially planned roadblocks across all major arterial routes in South Africa where trucks … are stopped and inspections are conducted. The labour department undertakes these inspections jointly with the police, department of transport, department of home affairs and the bargaining council,” he said.