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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