By Lebone Rodah Mosima
Deputy Minister of Employment and Labour Jomo Sibiya has urged Chinese-owned businesses operating in South Africa to fully comply with the country’s labour laws, warning that persistent violations will face tougher enforcement.
Addressing the Department of Employment and Labour’s Inspection and Enforcement Services (IES) Chinese Business Community Advocacy Seminar in the Western Cape, Sibiya called for a shift from compliance to prevention, saying employers must improve working conditions and respect workers’ rights.
“The Republic of South Africa, like other progressive countries of the world, upholds the right to economic development,” Sibiya said.
“The Constitution also enshrines another fundamental right, the right of workers not to be subjected to unfair labour practices.”
He said the Labour Relations Act gives effect to these constitutional rights by protecting both economic development and fair labour practices, including decent working conditions and fair remuneration.
“At the centre of our labour laws is the need to enable the decent work agenda,” he said.
“China has been a member of the ILO since 1919 and has undertaken to abide by and uphold various standards.”
Sibiya said South Africa values its strategic partnership with China through BRICS, but stressed that the relationship must be underpinned by respect for South Africa’s Constitution, labour laws and the dignity of workers.
“A genuine strategic partnership between our two countries must be built on mutual respect,” he said.
“Partnership between nations cannot be invoked to excuse non-compliance by individual businesses operating on our soil.”
He said the political relationship between Pretoria and Beijing would be strengthened if Chinese companies operating in South Africa became exemplary corporate citizens.
Sibiya said South Africa welcomed Chinese investment but would not tolerate businesses undermining labour standards in pursuit of profit.
“The government’s programme of economic transformation and inclusive growth depends on foreign investment that creates decent, dignified jobs for South Africans – not investment that undermines the very labour standards our democracy was built to protect,” he said.
He said the advocacy session was long overdue given the poor working conditions experienced by some South African employees at Chinese-owned businesses.
The deputy minister revealed that the department has already engaged the Chinese diplomatic mission in Pretoria over concerns about non-compliance with South African labour laws and has launched a pilot self-regulation and compliance programme in KwaZulu-Natal.
“Today’s session is aimed at raising awareness of our labour laws among Chinese businesses, and we remain hopeful that this will translate into full compliance,” he said.
“I urge strict compliance by this community with South African labour laws, safe working conditions and the provision of proper standards of employment.”
Sibiya reaffirmed government’s support for foreign investment, provided businesses comply with labour legislation.
He also called on employers to eliminate illegal labour practices, including the employment of undocumented foreign nationals, and welcomed the willingness of some Chinese businesses to work with the department to improve compliance.
He encouraged Chinese companies to continue investing in South Africa and creating employment opportunities for local workers.
Referring to a landmark Gauteng High Court judgment in September 2025, in which seven Chinese nationals were sentenced in a human trafficking and child labour case, Sibiya said the ruling demonstrated government’s commitment to enforcing labour laws.
“Where non-compliance persists, there must be consequences,” he said.
“Failure to comply with labour laws undermines worker dignity, fair competition and economic stability.”
He said employers must uphold fair wages, reasonable working hours, leave entitlements and safe working conditions.
“It should be unthinkable for workers to be injured, contract diseases or lose their lives in the workplace,” he said.
Sibiya said South Africa must move beyond simply enforcing compliance and instead focus on preventing labour violations before they occur.
“This is why I am calling for a shift from compliance to prevention,” he said.
“This requires not only a change in mindset, but a different way of doing business.”
He described compliance as the starting point and prevention as the ultimate goal, adding that labour inspectors remain central to protecting workers’ rights and dignity.
“Enforcement must be understood not as punishment, but as a corrective mechanism that ensures workplaces meet the standards of decent work, health and safety, fairness and dignity,” he said.
