DEPARTMENT OF EMPLOYMENT AND LABOUR: OPERATION YAZINI
Nomakhosazana Meth assumed office as the Minister of Employment and Labour in July 2024. Her department has since ramped up nationwide inspections across all nine provinces targeting non-compliant employers.
Operation Yazini:
As part of Meth’s 100-day programme, Operation Yazini was launched. Operation Yazini is a joint-compliance enforcement initiative by the Department of Employment and Labour collaborating with the Department of Home Affairs, the Bargaining Council of the Hospitality Sector, and law enforcement (including the police and the Hawks) which carried out inspections over several weeks.
The teams are verifying compliance with the Basic Conditions of Employment Act (BCEA), National Minimum Wage Act (NMWA), Occupational Health and Safety Act (OHSA), Compensation for Occupational Injuries and Diseases Act (COIDA), Unemployment Insurance Act (UIA), and Employment Services Act (ESA), which also addresses the employment of foreigners.
According to Minister Meth “through targeted advocacy and outreach, Operation Yazini seeks to inform the public about the wide range of support available, including labour rights, employment services, and compliance assistance.”
Widespread non-compliance
On the 1st of October 2024, the Department of Employment and Labour held a media briefing to share an update on the department’s joint blitz inspections and compliance raids.
A total of 2,681 inspections were conducted. The Western Cape led with the highest number of inspections, totaling 809. Gauteng followed with 764 inspections, and KwaZulu-Natal with 535. Inspections were also carried out in the North West (217), Eastern Cape (82), Free State (69) and Mpumalanga (59).
The raids have yielded significant results and revealed widespread non-compliance with Labour Laws in South African Workplaces including underpayment of wages, unlawful deductions, and inadequate health and safety measures.
Of the 2,681 inspections done, 1,314 establishments (or approximately 49%) were found to be non-compliant.
Consequences for Non-Compliance:
Employers found in violation are issued compliance orders with clear deadlines for corrective action. Monetary corrections totaling around R10,357,288.00 were enforced during the operation.
While sanctions for violations often include fines and penalties, violations of OHSA may lead to prosecution by the National Prosecuting Authority. In situations where immediate risks to health and safety are identified, Prohibition Notices are issued to halt hazardous activities until compliance is achieved.
81 foreign nationals were arrested for having the incorrect documentation and undocumented workers could face possible deportation. Fines of R2,500 per arrested person may be imposed as well as the potential arrest of employers.
Departments Future Plans:
The department recently unveiled its plans to scale up the number of inspectors from 2,000 to 20,000 to ensure businesses' compliance with labour laws. This will enhance the department’s ability to conduct more frequent and thorough inspections across the country.
Minister Meth stated “To maximise the effectiveness of our inspections, we will implement a risk profiling system. This approach will allow us to prioritise audits and inspections based on identified risks, thereby improving our capacity to address high-priority non-compliance areas more efficiently”. “Our enforcement strategy will be integrated and risk-based, enabling us to address all compliance issues at the workplace in a holistic and comprehensive manner, ensuring that all regulatory requirements are met” the Minister said.
Conclusion
While most of the department's inspections are proactive and target problematic and high-risk sectors, general raids are also conducted daily, and high-impact raids take place quarterly. They also have reactive inspections that are triggered by complaints, incidents, tip-offs, and whistleblowing. Inspections may be random or planned, depending on the nature.
The scale and scope of these inspections demonstrate the department’s commitment to upholding labour standards nationwide. Meth has called for nationwide collaboration between employers, unions, and civil society to create a fair and safe labour market characterised by fairness, safety, and mutual respect.
Minister Meth has emphasised that “Our commitment extends beyond enforcement; it is about fostering social justice and ensuring that every worker's rights are protected”. She added that “fair labour practices lead to increased morale, productivity, and ultimately, a more robust economy. Together, we can build a society where economic prosperity and social equity reinforce each other.”
As inspections continue, we encourage employers to remain compliant with their obligations and rectify any violations without delay.
