next of kin will come and ask you, as the employer for many years, what can you do for
him. You are only their father when it suits them.”153
Discrimination and violence against Zimbabwean workers by South
Africans in the private sector
The preamble to the Immigration Amendment Act refers to the need to educate civil
society about the rights of foreigners and refugees. The Employment Equity Act, 1998,
and the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000,
reinforce the prohibition against unfair discrimination on a number of specific grounds
provided for in section 9 of the constitution.154 Discrimination on the basis of national
origin is not explicitly prohibited in section 9 of the constitution or in the abovementioned legislation, but such discrimination, unless properly justified in terms of other
provisions in the constitution,155 would be antithetical to the constitutional right to
equality in section 9. Section 12 of the constitution grants “everyone” the right to
freedom and security of person, which includes the right “to be free from all forms of
violence from either public or private sources.” “Fair labor practices,” a constitutional
right under section 23, would include the protection of workers (including documented
migrant workers) from workplace discrimination. Under the ILO Convention
Concerning Migration for Employment that South Africa has ratified, treating migrants
less favorably than nationals in remuneration, hours of work, and overtime arrangements
(among other things) is prohibited.156 Yet Human Rights Watch documented cases in
which Zimbabwean migrants alleged workplace violence and discriminatory treatment by
other workers, private security officials, and employers.
A farm in Doreen, near Tshipise, has a labor force that is 10 percent Zimbabwean and
90 percent South African. All the foremen are South African. Human Rights Watch
spoke to four Zimbabwean workers who complained of discrimination by the South
African foreman against Zimbabweans. One said:
The South African foreman is resistant. On issues like sick leave and
family matters, I can go straight to the employer. He [the foreman] will
resist me [on sick leave and family issues, for example] just because I’m
Zimbabwean. They are not fair. They are not doing the same thing to
South Africans. I can go straight to the employer. He treats us the
153
Human Rights Watch interview with a white commercial farmer, Vivo, April 21, 2006.
The Constitution of the Republic of South Africa (No.108 of 1996), chapter 2, section 9(3), as already noted,
provides that “The state may not unfairly discriminate…” on a number of identified grounds.
155
For example, ibid, section 36.
156
Convention No. 97 Concerning Migration for Employment, adopted July 1, 1949, General Conference of the
nd
International Labour Organization at its 32 Session, Geneva, article 6.
154
43
HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)
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