NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION 2334
DATE OF PUBLICATION: Friday, 13 September 2013
INTERNAL QUESTION PAPER NO 30 of 2013
Adv A de W Alberts (FF Plus) to ask the Minister of Home Affairs:â
(1) Whether her Department offers an agricultural producer an appeal or
review process in terms of which a new application based on the same
facts and motivation may be directed to her Departmentâs Director-
General after the Department of Labourâs adjudication committee
amended 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 remedies does her Department offer to such an agricultural
producer; if so, what are the relevant details;
(2) whether, in terms of sections 8(3) and (4) and / or 21(3) of the
Immigration Act, Act 13 of 2002, the said agricultural producer has
to make representations to her Director-General based on the same
facts and motivation; if not, what is the position in this regard; if
so, what are the relevant details?
NW2797E
REPLY:
1) Section 21(2) of the Immigration Act, 2002 (Act No. 13 of 2002)
stipulates that the Director-General of the Department of Home
Affairs shall determine the maximum number of foreigners to be
employed in terms of the corporate permit, after consultation with
the Departments of Labour and Trade and Industry. In practice, this
implies that the number of foreign workers allocated to the employer
who applies for a corporate permit is decided upon and issued by the
Department of Home Affairs, after taking into consideration the
inputs and recommendations from both the Departments of Labour and
Trade and Industry.
2) In the event that the corporate employer is aggrieved by either the
maximum number of foreigners allocated or any other condition or
decision adversely affecting the corporate employer, such an employer
may seek a review of the decision or appeal against the decision as
per section 8 of the Immigration Act.
In appealing the decision, the corporate employer is at liberty to
advance âthe same facts and motivation directed to the Departmentâs
Director-General after the Department of Labourâs adjudicationâ (as
mentioned in question 1), if they are of the opinion that such
motivation will suffice in strengthening their appeal to the Director-
General of the Department of Home Affairs.
It should be noted that the corporate employer may only appeal
against the decision of the Department of Home Affairs and not
against the recommendation made by the Department of Labour. The
Department of Labour does not make a decision on the issuance of a
corporate permit but rather makes valuable inputs and recommendations
to the Director-General of the Department of Home Affairs.