didn’t have a bank account. We cashed the check and gave him the money.”173 Another farmer attributed the problem with workers’ compensation for Zimbabwean migrants to the requirement that workers produce a South African ID. “If you can’t produce a South African identification document, there’s a presumption of illegality.”174 The problem of opening a bank account and the need to produce a South African ID, both cited by farmers as obstacles that prevent foreign workers from being able to receive compensation, are two interlinked issues, as previously discussed. To open an account, one must produce a South African identity document. The claim of a labor consultant to have arranged with the Bank of Athens for Zimbabwean migrants to be able to open accounts, if correct, raises questions about why Zimbabwean workers are not routinely allowed to open accounts.175 Employer deductions for emergency travel documents (ETDs) Farmers who use lawyers or labor consultants to ensure their compliance with the corporate permit provisions in the Immigration Act deduct a share of their legal expenses from workers’ wages. A lawyer whose business includes ensuring farmers’ compliance with the corporate permit provisions justified the deduction in terms of section 8(1)(d) of the Sectoral Determination that permits the employer to deduct at most 10 percent of the worker’s wage towards the repayment of any amount loaned or advanced to the farm worker by the employer. The Immigration Act should protect workers from corporate permit holders making deductions from workers’ wages to pay a fee for compliance with the corporate permit provisions. An amendment might be modeled on the Unemployment Insurance Contributions Act, 2002 (No.4 of 2002), section 7(3)(b) of which states that the employer may not seek or receive a fee from the employee for complying with the Act. Similarly, section 64(1) of the Compensation for Occupational Injuries and Diseases Act makes it an offense for any employer to deduct from the earnings of an employee any amount or receive any amount from the employee to compensate the employer directly or indirectly for any amount which the employer is liable to pay in terms of the Act. A Zimbabwean worker on a Weipe farm told Human Rights Watch that the farm owner had deducted R102 (US$14.45) from his wages for the ETD that Zimbabwean officials 173 Human Rights Watch interview with a white commercial farmer, Weipe, April 27, 2006. Human Rights Watch interview with a white commercial farmer, Weipe, April 24, 2006. 175 Human Rights Watch interview with a white commercial farmer who is also a lawyer, labor broker, and labor consultant, Makhado, April 25, 2006. 174 49 HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)

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