2333. Adv A de W Alberts (FF Plus) to ask the Minister of Labour:â
(1) Whether her Department offers an agricultural producer an appeal
process in terms of which an application for a review can be directed
to her Departmentâs review tribunal after her Departmentâs
adjudication committee amends an application for a corporate permit
requesting to appoint a specific number of foreign migrant labourers
for certain production processes during specific times in a year from
600 to 300 foreign migrant labourers, notwithstanding such an
agricultural producerâs compliance with all relevant labour
legislation and regulations; if not, what other remedies does her
Department offer to such an agricultural producer; if so, what are
the relevant details;
(2) whether, in terms of the Immigration Act, Act 13 of 2002, the said
agricultural producer must address such an appeal or revised
application to the Director-General of the Department of Home
Affairs, based on the same facts and motivation; if not, what is the
position in this regard; if so, what are the relevant details?
NW2796E
Minister of Labour Reply:
1) The final decision to issue a Corporate Permit is taken by the
Department of Home Affairs after considering recommendations from
various Departments based on their respective mandates. The Department
of Labour recommendations are informed by the applicantâs compliance
to conditions of employment as set out in various legislations and our
preference to ensure that South African citizens get first preference
whenever work opportunities arise given the 25.2 % high unemployment
rate that we are currently experiencing.
2) In case any applicant including the said agricultural producer is
dissatisfied with the decision of the Department of Home Affairs on
his or her application for a corporate permit, that person should
accordingly follow the due process as prescribed in the Immigration
Amendment Act No 19 of 2004 to appeal the decision with the Director-
General of Home Affairs.