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Law change seeks to bar foreign truck drivers

Publish date: 24 May 2021
Issue Number: 923
Diary: IBA Legalbrief Africa
Category: South Africa

The government’s ‘solution’ to violent attacks on truck drivers is to effectively ban foreign truck drivers from working in SA, says Rapport. Draft amendments to road traffic regulations published in the Government Gazette propose that drivers with a Public Drivers Permit issued by a foreign country would only be allowed to drive vehicles not registered in SA. Critics of the proposal say the legislative amendment would punish the victims of xenophobic violence and inhibit free trade between SA and other African countries. Gerhard Papenfus, of the National Employers’ Association, says this would make foreign truck drivers unemployable and put employers on a collision course with labour laws and the Constitution. Professor Daniël Meyer, of the University of Johannesburg’s school for business and economics, says 90% of SA’s regional exports are transported by road and many South African trucks are driven by foreigners. Other African countries may retaliate with similar provisions and it could impact on the Africa Free Trade Agreement. However, Gavin Kelly, of the Road Freight Association, welcomed the proposal, saying it was one of the recommendations by the task team that investigated the violent attacks. Local drivers are upset about alleged preferences to employ foreigners rather than South Africans to transport goods to other countries. Jan Venter, a human resources expert in the road freight industry, says transport businesses employ foreigners for cross-border journeys as they know the local languages and circumstances in the destination countries. Documents are often in French or Portuguese and drivers must know local laws, customs and conditions in destination countries, another role-player added, according to the report.

Full report in Rapport (subscription needed)

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