Zimbabwean truck drivers in South Africa have won a legal victory in the Durban High Court, which ruled that they cannot be dismissed from work if they have a valid permit, such as the Zimbabwean Exemption Permit (ZEP). The case was brought by several truckers who were terminated from their jobs, despite having valid ZEP permits.
The court prohibited the employer from firing ZEP holders on the grounds of being illegal immigrants until the ZEP expires in June 2024, MoneyWeb reported. The truckers have been given 10 days to prove to the Department of Home Affairs (DHA) that they have lawful ZEP permits allowing them to live and work in SA. Image Freight Logistics also has 10 days to prove that it has complied with the ruling.
This decision comes after the Minister of Home Affairs decided to terminate the ZEP system, which aimed to regularise the status of Zimbabwean migrants in South Africa. The truckers argued that they were fired through WhatsApp messages after a notice from the bargaining council advised against employing foreign truck drivers without valid work permits. The bargaining council notice reads:
Industry stakeholders have taken issue with companies that opt to employ truck drivers of foreign nationality without valid work permits over South African truck drivers. The Parties are of the firm belief that if responsible companies refrain from this illegal act and prioritize employing South African truck drivers as professional truck driving is unfortunately not a scarce skill, these may help address unemployment within the sector and curb unrest.
Some employers in South Africa misunderstood the notice and fired Zimbabwean truck drivers who had valid work permits. The Durban High Court’s interim order will become final on 6 February 2024, unless contested. The case involved Image Freight Logistics, the ministers of transport, labour, and home affairs, as well as 11 truck drivers and the Zimbabwean Exemption Permit Holders Association (Zepha) as applicants. Says Advocate Simba Chitando, who represented the truckers in court:
The order by the Durban High Court affirms the rights of ZEP holders in the logistics industry, which is crucial for regional trade and stability.
Chitando called upon all employers, regulatory bodies, the Department of Labour, Home Affairs, and the police to respect the rights of not only ZEP holders but also all Zimbabweans. He stated that targeting Zimbabweans goes against the rule of law in a constitutional democracy.
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