Four people, including a restaurant manager, were arrested at Menlyn Shopping Centre in Pretoria East on Sunday following a sting operation.

Police spokesperson Warrant Officer Johan van Dyk confirmed that the arrests were for employing and working as undocumented foreigners. The restaurant manager was charged and fined for allegedly employing illegal immigrants.

The operation was a joint effort by the police, Home Affairs, and the Department of Labour, following a tip-off about unfair labour practices. A woman had taken to social media to raise concerns about toxic working conditions, alleging she had to buy her own equipment, was not paid a basic salary, and was charged a non-refundable breakage fee of R200 daily.

♦️Happening Now♦️

The EFF has arrived at Babel Menlyn Mall in Tshwane! Led by Regional Chairperson Fighter Obakeng Ramabodu, we are here to address and investigate allegations of worker exploitation, including improper pay, unsafe conditions, and lack of formal contracts. pic.twitter.com/HD6ur0BGHj

— EFF Tshwane Region (@TshwaneEff) September 16, 2024

Minister of Employment and Labour Nomakhosazana Meth said two undocumented foreign nationals working at a restaurant in Menlyn Mall, as well as their employer, were arrested. Additionally, an undocumented delivery worker collecting food from another restaurant was apprehended.

Meth said the first restaurant was raided after a social media post exposed serious mistreatment of workers. This led to an integrated inspection by 12 officials from the Department of Employment and Labour’s Inspection and Enforcement Services, 15 Home Affairs officials, and 21 members of the Hawks.

Monica Basillio from the Bargaining Council also participated in the operation.

Meth strongly condemned the ill-treatment of workers and urged anyone facing unfair labour practices to report them to their nearest Labour Centre.

“The exploitation of vulnerable workers will not be tolerated. Matters of this nature will receive urgent attention,” said Meth.

She explained that both employers violated the National Minimum Wage Act 9 of 2018 . One restaurant did not pay employees the 2024 minimum wage of R27.58 per hour, owing over R270 000 in underpayment. The estimated unpaid wages for cleaners amounted to R295 547, while waiters were only paid through commission and tips, earning as little as R150 per shift and a maximum of R300 per week — far below the legal minimum.

Yesterday we where at Babel restaurant in Menlyn Inner City East, Tshwane. Visiting the management. As issues of compliance, working conditions, and labour laws were raised by former workers. We reported everything to the authorities, and we where informed that within 24-48 hours… https://t.co/4dtZwfz3BC pic.twitter.com/6ugaChYYce

— Toko Masemola (@TokoMasemola) September 15, 2024

Workers at the restaurant where the manager was arrested were working 12- to 15-hour shifts, breaching the Basic Conditions of Employment Act 75 of 1997.

At the second restaurant, where the delivery worker was arrested, waitresses were also only paid through tips and commissions. The employer owes around R813 969 in unpaid wages, bringing the total owed to over R1.38m across both restaurants.

Meth also cited non-compliance with the Unemployment Insurance Act 63 of 2001, with one restaurant not registered with the fund, failing to submit salary declarations or contributions. The second restaurant was registered but did not submit the required monthly declarations.

Both restaurants also violated the Compensation of Occupational Injuries and Diseases Act 130 of 1993. One failed to register with the Compensation Fund since it began operations in June, and the other owed R72 000 to the fund. Both also failed to submit returns of earnings and provide payroll information.

The employers were found in breach of the Occupational Health and Safety Act 85 of 1993, with machinery risks not evaluated, no safety representatives appointed, and non-compliant gas installations. As a result, the use of gas in both kitchens was prohibited. A prohibition notice for structural deficiencies was issued to one restaurant, along with notices for noise levels and poor air quality.

The employers were also found non-compliant with the Employment Services Act 4 of 2014 and the Immigration Act 13 of 2002.

This Babel thing is just the tip of the ice berg.

The girl who made the Babel issue known is being forced to keep quiet but luckily she won’t.

There’s more which has not yet been displayed to the public!

Checkpoint must dive into the Hospitality industry of SA!#BoycottBabel pic.twitter.com/LjYOoXSxaC

— UNRULY UNIVERSAL ♞ (@uuniversalmusic) September 15, 2024