Lesotho Shearers Corporate Permits

1
Lesotho Shearers Corporate Permits

• Harry Prinsloo NWGA
• Elize van der Westhuizen Agri SA
• Louis de Beer Cape Wools
• James de Jager CMW

2
General background of corporate permits in the
agricultural sector

• In general, farmers apply for corporate permits
  to employ workers from Lesotho, Swaziland,
  Zimbabwe, Mozambique and Botswana as seasonal
  workers
• Treaties regarding the movement of people have
  been signed between South Africa, Lesotho,
  Swaziland, Mozambique and Botswana.
• Unfortunately the practices of the South African
  Government do not address the undertakings of
  South Africa with regard to the said treaties.

3
General background of corporate permits in the
agricultural sector

• The objectives of the 2002 Southern African
  Customs Union (SACU) agreement between the
  Governments of Botswana, Lesotho, Namibia, South
  Africa and Swaziland are
• (a) to facilitate the cross-border movement of
  goods between the territories of the Member
  States
• (b) to create effective, transparent and
  democratic institutions which will ensure
  equitable trade benefits to Member States
• (c) to promote conditions of fair competition in
  the Common Customs Area
• (d) to substantially increase investment
  opportunities in the Common Customs Area
• (e) to enhance the economic development,
  diversification, industrialization and
  competitiveness of Member States
• (f) to promote the integration of Member States
  into the global economy through enhanced trade
  and investment
• (g) to facilitate the equitable sharing of
  revenue arising from customs, excise and
  additional duties levied by Member States and
• (h) to facilitate the development of common
  policies and strategies.

4
General background of corporate permits in the
agricultural sector

• The SACU agreement emphasize South Africas
  obligation to assist in economic activities of
  neighboring countries.
• In certain instances farmers/business wait for up
  to two years to receive feedback on applications
  for corporate permits.
• There are cases where the same farmer had to
  re-apply 4 times for the same permit resulting in
  4 times the expense of applying for permits.

5
Sheep and Wool Industry Background

• The first sheep was shorn 3500BC, when man
  learned to spin wool.
• The sheep and wool industry is one of the oldest
  agricultural industries in South Africa.
• The first Merino sheep arrived in the Cape around
  1789 as a gift from the Spanish King to King
  Willem V of the Netherlands.
• Provides a direct and indirect income to somewhat
  280 000 people.
• South Africa produces 46.1 m/kg high quality
  apparel wool with an annual turnover R2 billion
  (South Africa produces 42,5 million and Lesotho
  R3,5 million tons)
• Approximately 15 million sheep are shorn
  annually.

6
Corporate Permit - Requests

• That shearing service providers apply for a
  Corporate Permit to allow Lesotho shearers as
  support for the shortfall in local shearer
  numbers
• Shearing service providers to apply for a
  corporate permit at one central office rather
  than wool producers applying for permits on a
  Provincial / Regional basis.

7
Training provided in the Wool Industry

• The National Wool Growers Ass (NWGA) is an
  AgriSETA accredited training provider. In the
  2011/2012 financial the following number of
  trainees underwent training.
• Blade Shearing
• A total of 276 new recruits
• 130 intermediate and advanced trainees
• Machine shearing
• A total of 116 new recruits
• 68 intermediate and advanced trainees

8
Acknowledgement of special skills

• National Shearing Championships was held 28-30
  April 2011
• 30 blade shearers
• 53 machine shearers
• 24 wool handlers
• 4 students
• 9 junior machine shearers
• 4 veteran machine shearers
•  

9
Acknowledgement of special skills

• Tri-Nations Shearing test in Alexandra,
• New Zealand
• SA team to attend the 50th Fine Wool Shearing
  Championships held in Alexandra and participated
  in a Tri-Nation Shearing Test against New-Zeeland
  and Australia. The South African team finished
  second in this event with New Zealand winning and
  Australia in the third place.

10
Acknowledgement of special skills

• Golden Shears World Championships 29
  February- 3 March 2012
• Won Team blade event. Zweliwile Hans(BKB)
  and  Mayenzeke Shweni (CMW)
• Won Individual world title Zweliwile Hans(BKB)
  and second Mayenzeke Shweni (CMW)
• 10th in World Wool handling event Elna
  Kitching (Grootfontein ADI)

11
CMW Shearers

• The following are the number of shearers, from
  RSA and Lesotho, registered for employment with
  CMW Shearing Service
• RSA Lesotho Total
• 2008-2009 527 348 875
• 2009-2010 541 362 903
• The NWGA spend approx. R2,073 million on shearer
  training
• Train 600 shearers per annum - with
  approximately 16 pursuing a shearing career.

12
Permit Application Procedures Followed by CMW

•  
• 21 February 2011 also included the following
• APPLICATION FOR CORPORATE PERMIT BI-1743 FORM
  13
•   
• Annexure 1 REPRESENTATIONS IN TERMS OF SECTION
  21 OF THE IMMIGRATION ACT
•   
• Annexure 2 CORROBORATING REPRESENTATIONS NEED
  TO EMPLOY FOREIGN SHEARERS AND CLASSERS
•  
•  Annexure 3 Consultation with the Department of
  Labour
•  
•  Annexure 4 Employment contract
•   
• Annexure 5 STATEMENT BY THE C E O / EXECUTIVE
  AUTHORITY

13
Permit Application Procedures Followed by CMW

• Application processed and handed in, where after
  CMW had to perform the following
• Advertise vacant shearer positions in a national
  newspaper
• Interviewed all the applicants (5), and requested
  a practical shearing demonstration. Facilitated
  by the NWGA independent body
• Re-applied at Bloemfontein with the proof of
  interviews and practical incapability
• Application was processed in Bloemfontein (Dept
  of Home Affairs and Dept of Labour) and sent
  through Pretoria (Dept of Labour) for approval.
• Original application was for 500 shearers and
  wool handlers, only 20 shearers and 2 wool
  handlers were granted.

14
Permit Application Procedures Followed by CMW

• 21 February 2011
• The Immigration Offices, Dept of Home Affairs,
  Bloemfontein
• Notice to Above mentioned Department that CMW are
  in the process of applying for a Corporate permit
  including the following documentation
• CMW are again planning of using Lesotho citizens
  for contract shearing in South Africa as was done
  in the past and therefore needs a corporate
  permit (BI-1743) from your department which will
  give us the necessary authorisation to bring in
  approximately 500 shearers into South Africa
  during a specific shearing season.
• Attached the application (BI-1743) Form 13 in
  terms of Section 21 of the Immigration Act
  together with Regulation 18 of the Immigration
  Regulations as amended in 2005 together with the
  necessary annexure and in consultation with the
  Department of Labour.

15
Permit Application Procedures Followed by CMW

• 6 February 2012
• Urgently requested Dept of Labour to reconsider
  the application of CMW, Mr Isaac Nong, and Mrs
  Nonhlanhla Ngwenya.
• 9 March 2012
•  Requested Dept of Labour (Ms. Nonhlanhla
  Ngwenya) to respond to the request as I was under
  the impression that the application of Vrystaat
  Skeerdiens might have been confused with that of
  CMW.
• CMW requests the National Wool Growers
  Association to help address this shearer issue
  and drafted a letter on 13 April 2012.
• The NWGA requested that Agri SA to Assist as this
  has become an Industry dilemma.
• 22 May 2012 Agri SA, CMW and BKB meet with the
  Department of Labour to reiterate the
  practicality of the issuing of the Corporate
  permit no avail
• 23 May 2012 Agri SA send urgent letters to the
  Ministers of Labour and Agriculture to emphasize
  the urgency of the issuing of Corporate permits

16
Response from Department of Labour

• Response from Mr Isaac Nong - 2 May 2012
• CAPE MOHAIR WOOL (PTY) LTD (CMW OPERATIONS LTD)
  ENQUIRY ON CORPORATE PERMIT ADJUDICATION OUTCOME
• Your written enquiries dated the 6 February 2012
  and 9 March 2012 and the e-mail response of the 2
  April 2012 from Moraka Isaac Nong has reference
• The Department of Labour recommendation of your
  corporate application for four hundred (400)
  sheep shearers and two hundred (200) wool
  classers to which you have been awarded twenty
  (20) and two (02) respectively was considered for
  your farm(s) in and around Ficksburg (Free State)
  municipal area only.
•  As you indicated that you have farms spread
  throughout the country, outside the Ficksburg
  area, it will be appreciated if you mention the
  specific locationsprovinces and municipal/local
  government geographical areas, within which your
  other farms are located for which you need the
  rest of the labour. The Department of Labour will
  then advise the nearest Labour Centres through
  which you need to submit the permit
  application(s) for normal work permit application
  adjudication process to take place.
•  I trust that this information clarifies a way
  forward for you.
• Yours sincerely
•  S Morotoba
• Deputy Director-General Labour

17
In conclusion Urgent action needed

• The approval of the corporate permit application
  of CMW for 500 Lesotho workers to render shearing
  and classing services in the wool industry
• The outstanding applications in the agricultural
  sector, to be finalized and feedback provided.
• A more speedy and flexible process for corporate
  permits in future