Summary
Foreign African migrants in South Africa, whether documented or undocumented, are
vulnerable. The situation of Zimbabweans in Limpopo province shows two aspects of
the problem. If undocumented, a Zimbabwean migrant is liable to be arrested, detained,
and deported under conditions that flout South Africa’s Immigration Act. And
documented or not, farm workers on commercial farms are subject to their employers
violating basic employment law protections.
The Immigration Act is routinely violated. When apprehending suspected
undocumented foreigners, police and immigration officials fail to verify their status and
identity, and police and military personnel assault and extort money from foreign
migrants. Immigration officers also detain undocumented foreigners for more than 30
days without pursuing proper procedures, and detention conditions do not meet
prescribed standards. The immigration law makes no provision for migrant workers
facing deportation to collect their unpaid wages and transfer their earnings, savings, and
personal belongings.
With respect to labor laws, farmers openly disregard the minimum wage, sometimes use
a piece rate system rather than the hours of work to calculate remuneration, and make
unlawful deductions from workers’ wages. The prescribed basic conditions of
employment for farm workers create disincentives for employers to provide housing for
workers. Though migrant workers are legally entitled to workers’ compensation, there
are obstacles to them receiving compensation settlements. Documented Zimbabwean
farm workers who worked under South African farm supervisors complained of
discriminatory treatment.
The violations of immigration and employment laws, and deficiencies in these laws,
result in the infringement on rights that migrants should enjoy under the Constitution of
South Africa. These rights include, among others, the right to personal freedom and
security, and to conditions of detention that are consistent with human dignity and
privacy. The failure to protect the constitutional rights of migrants also frequently
violates the Government of South Africa’s international obligations under the
International Covenant on Civil and Political Rights (ICCPR). The constitution also
protects the rights of at least documented migrants to fair labor practices.
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HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)