SA's dysfunctional work permit system

Source: Issued by the IFP, 14/01/2015

" One year later and the same problems and challenges remain , with a
mindset focussed on unemployment and the ANC government having a lager
mentality wherein all attempts to bring in skilled labour is being
frustrated by labour providing matches of unskilled labour to force
employers to employ South Africans that clearly don`t match the
advertised position specifications leading a stalemate wherein there
is no appeal process to department of labour and wherein Home Affairs
rely on the labour recommendations but when pushed labour say they are
not the final decision makers and refer to Home Affairs . The net
result is frustrated employers and skilled individuals , the net loser
is South Africa because often 1 skilled foreigner will often create
employment for 3 plus South Africans , case in point recently the SA
embassy in India refused a skilled individual a 3 work month visa ,
despite the fact the employer motivating that said individual would
create employment for 25 to 30 South Africans and the reason for the
decline was that a South African could do the job. The net result was
that the employer cancelled the project and 25 to 30 individuals lost
potential income and South Africa lost the opportunity to drop its
unemployment statistics . A massive shortage of skilled artisans exist
in SA especially in the welding sectors and businesses suffer
especially in industries based in Guateng , eg , Eskom – Medupi and
the embassies seem to have the view that we can find the skills in SA
but the stark reality is that the error rate for a SA welder is
around 50 % , ie 1 in 2 welds is wrong whereas for example the error
rate for a Thai or Pakistani Welder is around .50% which translates to
1 in 200 welds in wrong , a strong contrast . Again the loser is South
Africa is the loser in terms of the transference of skills . The
extract from the former Minister of Home Affairs highlights the
inefficiencies of the current system and the bold steps to be taken to
lift us from the morass of mediocrity and the ability to compete on
the international market . The USA , Canada , Australia and New
Zealand have understood the rapid transference of skills via foreign
skilled staff and the empowerment of locals " – SAMI

IFP leader writes on the obstacles placed on employers trying to bring
in skilled labour from abroad

Dear friends and fellow South Africans,
Having served as Minister of Home Affairs for the first ten years of
democracy, I retain a keen interest in migration issues, particularly
as they affect the economic growth and development of our country. I
was therefore concerned when last year's legislative amendments to the
Immigration Act included a requirement that could only obstruct the
entry of skilled workers and ultimately deter investment.
It seems that legislative amendments by the Department of Home
Affairs, and delays in administrative justice by the Department of
Labour, have ensured that skilled foreigners applying to work in South
Africa face a long and uphill battle.
When the Immigration Amendment Act came into effect in May 2014,
several immediate problems caught the spotlight. Some were `resolved'
by delaying implementation, such as the need to obtain full unabridged
birth certificates when travelling with one's children. Other
problems, however, are escalating.
One such problem is the need for work visa applicants to obtain a
certificate from the Department of Labour that effectively confirms
that no South African could do what they are being hired to do, and
that they are not going to do it for less money or under worse
conditions than a South African would.
When I entered Home Affairs in 1994, immigration legislation required
a complete transformation, for it was predicated on the apartheid
mind-set of keeping everyone out unless they fit a narrow and racist
description of "desirable". The laws we inherited were woefully
incapable of bringing skills and investment into a democratic South
Africa at the speed and to the extent that we both needed and sought.
Among the many challenges and obstacles we were confronted with as we
engaged immigration reform was the fact that the Department of Labour
was ill-equipped to certify that each and every foreigner applying for
a work permit had the required skills and would not be taking a job
away from a South African. This had to be determined another way,
which was more efficient and shifted the administrative burden onto
the employer themselves.
Thus we inserted the requirement for an employer to prove that no
suitable South African could be found to fill the position they
intended to fill with an appropriately skilled foreigner. This was
achieved by advertising the position. The mere fact that an employer
would accept a greater administrative burden to employ a foreigner
than they would to employ a citizen suggested that a need did in fact
exist for the skills that foreigner provided.
Thus, under the legislation I piloted, the Labour certification was
removed and work permits were expeditiously issued.
Unfortunately, the Department of Home Affairs has seen fit to bring
back the requirement for a certificate from the Department of Labour,
while retaining the burden on the employer to advertise and prove the
need to employ a foreigner.
Unfortunately, again, the Department of Labour is still ill-equipped
to provide certifications and is struggling to cope with a backlog of
applications for certificates. Without the certificate, a work visa
application cannot be submitted. Thus months are being added onto what
is already a drawn out process. Not surprisingly, skilled workers move
on, taking their skills where they are both needed and wanted.
But there is an added dimension to the problem at the Department of
Labour. On 12 December 2014, the Johannesburg Regional Office of the
Department suddenly stopped accepting applications. That section
"closed". A printed notice was simply placed flat on a counter-top
saying, "Please note that submission of applications is closed and
will re-open on the 12th January 2015. Thank you."
Nevertheless, on 12 January 2015, applicants were turned away by
security who explained that the relevant section was "still closed".
In terms of administrative justice and the responsibilities of
Government, one wonders how an office of a government department can
summarily close, without any notice, for a full month, presumably for
the holiday season. Is South Africa only interested in economic growth
and development for 11 months of the year?
Work visa applicants have had to wait a full month just to be able to
request a certificate, and will still need to wait while the backlog
of certificates is processed before theirs can be issued. Only then
can they apply for the actual visa at Home Affairs.
This, really, is the tail end of a lengthy process, considering that
the position must first be advertised and applicants vetted, a police
clearance certificate must be obtained, proof of qualifications must
be evaluated by SAQA and translated by a sworn translator, and the
employer must provide several written undertakings as well as a
contract that is conditional on the work visa being granted.
It would be fair for skilled foreigners to question whether Government
is intentionally obstructing their entry into South Africa. But it
seems more likely that Government has simply fallen into the trap, yet
again, of adding more bureaucracy in the misguided belief that it will
close all the loopholes. In truth, the greater the administrative
burden on Government, the less efficient the process becomes.
If we want greater economic growth and development in South Africa, we
need to empower individuals and civil society, rather than deferring
all power and responsibilities to the State.
Yours in the service of our nation,
Prince Mangosuthu Buthelezi MP
Issued by the IFP, January 14 2015