An alleged undocumented foreign national will appear in court on Friday after he was nabbed while working at a multinational automotive manufacturer in Gqeberha.
The man, whose nationality is known to The Herald, is expected to appear in the Motherwell magistrate’s court for a formal bail application.
The latest arrest comes after 19 undocumented foreign nationals were arrested during a sting operation at a construction site on Wednesday last week.
Police spokesperson Captain Andre Beetge confirmed the most recent arrest was made at the FAW Trucks SA plant at Coega on Thursday last week.
Beetge said this was after a second phase of inspections was conducted in Nelson Mandela Bay.
The first phase was led by the departments of home affairs and employment and labour, with support from police, municipal officials, the Border Management Authority and the SA National Defence Force.
This focused primarily on a construction site in Circular Drive, Lorraine, where the new Alpha Mega Shopping Mall is being built.
During the first phase of the operations, Beetge said, law enforcement and labour officials also identified several noncompliance issues with some contractors which they would investigate further.
In relation to the FAW arrest, Beetge said the man had been charged with contravening Section 49(14) of the Immigration Act, 2002, read with Section 37(a)(b) of the Refugee Act, 1998 (Act No. 30 of 1998).
The man previously appeared in court on Thursday last week and the case was postponed to Friday for a formal bail application.
“He remains in custody,” Beetge said.
He said FAW managers were not arrested.
“The department of employment and labour is currently investigating whether a fine should be imposed on the business; for further comment on this aspect, please direct your inquiries to that department,” he said.
Home affairs spokesperson Ndileka Cola also confirmed the arrest at FAW and that the operation was part of a joint operation with law enforcement authorities to ensure compliance with the Immigration Act of 2002.
Cola said the man was arrested for the alleged possession of fraudulent documents.
“On-site management was unable to provide an immediate response as the employer was reported to be in Pretoria.
“An official appointment has been issued for management to meet with the assigned immigration officer.
“No FAW officials have been arrested at this stage.
“Investigations remain ongoing, and the department will not hesitate to take action against any party found to have breached immigration legislation.
“Potential penalties or administrative fines will be determined by the final findings of the ongoing investigation.
“Further actions will be guided directly by the conclusions and recommendations of the ongoing investigation,” Cola said.
Mayibuye Civic Movement president Tukela Zumani has claimed responsibility for the operation at FAW.
Zumani said he had written in June to the department of labour, Coega, FAW and two other major manufacturing companies on site.
“We’ve been banging this drum for months now and the issues that are coming to the fore at FAW are not confined only there but the majority of companies inside Coega.
“We have been engaging with these companies directly, unions, department of labour and Coega.
“So these steps that we are witnessing now are as a result of our direct engagement with the department,” Zumani said.
He said Coega management had indicated to him that the IDZ was a landlord and not involved in employment contracts with its clients on site.
Other companies, he said, had not responded to their letter requesting a sitdown meeting in June to discuss issues around the employment of undocumented foreign nationals.
Coega Development Corporation operations executive manager Zuko Mqhatu said they were fully aware that the employment of undocumented foreign nationals or foreign nationals who did not hold valid authorisations to work, exposed employers — both inside and outside of the Coega Special Economic Zones (SEZ) — to significant legal, financial, operational and reputational risks.
“The CDC as operator of the SEZ continues to engage tenants in all SEZ-related matters regarding safety risks, compliance and operational matters as informed by zone rules.
“As such, we have communicated these risks to all SEZ tenants and provided guidance on compliance measures.
“It has been communicated that the CDC will not tolerate instances of breaching South African immigration legislation.
“For businesses operating within the Coega SEZ, such conduct may adversely affect the organisation’s tax incentive status, corporate reputation, ESG profile, stakeholder relationships, and ability to secure future business,” Mqhatu said.
Each tenant, Mqhatu said, remained responsible for ensuring that the people working on its premises were appropriately authorised to do so.
“Tenants should also ensure that their procurement and contractor-management processes expressly require compliance with South African immigration and labour legislation,” he said.
He said the CDC worked in collaboration with local authorities and various state institutions to promote a safe and harmonious environment in the SEZ to promote economic activities and job creation in the region.
Eastern Cape employment and labour spokesperson Cebisa Siyobi and FAW management had not responded to questions by the time of publication.
