Blitz Inspections and the Erosion of the Labour Rights of Irregular Migrant Workers in South Africa

The employment of irregular migrant workers in South Africa is prohibited by the Immigration Act and the Employment Services Act. Despite this prohibition, court decisions interpreting section 23 of the Constitution, as well as related constitutional rights such as the right to dignity, have reiterated that irregular migrant workers are entitled to labour law protection by virtue of the employment relationship they have with their employers. Furthermore, section 8(4) of the Employment Services Act allows such irregular migrant workers to enforce claims arising from employment relationships formed between them and their employers. Despite this being the status quo, joint Blitz inspections carried out by the Department of Labour, the South African Police Service and the Department of Home Affairs have undermined the labour rights of irregular migrant workers. Whilst inspections carried out by labour inspectors aim to ensure that employers comply with labour laws, these joint Blitz inspections have become a means through which irregular migrant workers are detected, detained and deported. Consequently these workers are deported before they can enforce claims against their employers for unpaid wages, among other labour rights. Therefore, the aim of this article is to critically examine joint Blitz inspections and their impact on the labour rights of irregular migrant workers.