The Congress of South African Trade Unions (Cosatu) is worried that amendments to immigration law have retained work permit provisions that create inequality between foreign and local workers.
And it is adamant that attempts to attract foreign scarce skills should not undermine the training of locals.
These concerns, as well as the Immigration Advisory Board’s reduced oversight powers and the substitution of civil society representatives with immigration experts, were raised at the National Economic Development and Labour Council (Nedlac) on Wednesday. A further meeting on the proposed immigration amendments will be held next Thursday.
Cosatu’s parliamentary officer, Prakashnee Govender, said it was problematic that work permits still depended on submitting “satisfactory proof” of employment within six months of issue or every year thereafter.
While labour laws applied to all workers, this provision effectively required foreign workers to leave the country following unfair dismissals or retrenchment.
Govender said the permit should remain valid until all labour law processes ran their course. Also, there were unresolved questions about the status of foreign workers following the sale of a business where they worked.
Govender said it was crucial to find a balance between attracting foreign scarce skills and training local workers. “The focus on filling gaps with foreign skills could remove incentives for training locals,” she said. She added that much of South Africa’s economy, particularly mining, still relied on foreign workers.
Home affairs ministerial spokesperson Mike Ramagoma said the proposed amendments were tabled in Nedlac to ensure “buy-in”. Their aim was to attract skills, from Africa and elsewhere, while maintaining a balance with the training of local workers and economic growth.
The Nedlac process marked the start of discussions on a long-term review of migration policy, he added.
The skills shortage in South Africa has been a long-standing government concern. A domestic skills profile was completed in October last year, highlighting a dearth of IT specialists, adult education trainers, and other professionals.