In an interview on SAFM a few mornings ago, Wendy Alberts, CEO of the Restaurant Association of South Africa (RASA), lamented the ‘ambitiousness’ of our laws, and law making process. In short, what she meant was, was that laws were created and passed without the requisite support structures to enforce them. Hence, the onus on policing and enforcing, for example, the new Tobacco Products and Electronic Delivery Systems Control Act will be imposed on restaurant owners via a stringent and hefty fines regime.
Another topical one that falls under this category is the Employment Equity Act (2020), which the President signed into law earlier this year. The amended Act sets onerous, provincial based targets on employers, which if unmet will result in severe monetary and other consequences. The reality is, the original Act of 1998 was barely enforced, because the Department of Labour has nowhere near the capacity in the form of inspectors to adequately police the Act in any meaningful way, yet we now have a new Act. As usual the big national companies and those based in urban and metropolitan areas will be the soft targets for rigorous enforcement.
There is then, the undeniable link between the lack of enforcement, and corruption. In other words, even where capacity might exist, effective enforcement is undercut by corrupt practices by the powers that be or their agents. The recent fire in the Johannesburg CBD which resulted in the loss of nearly 80 lives, will surely reveal that a ‘condemned’ building was allowed to house desperate families because city or provincial employees allowed it to happen. Most politicians at provincial and local level have conceded that there was sufficient legislation to have ensured the building was not occupied, but despite this armoury of bylaws, provincial and national legislation available to them, none of these arms of the state could or wanted to do anything. That the building is owned by the City of Johannesburg is an even greater indictment of a failed system of enforcement.
Another example is the Enyobeni Tavern tragedy in the Eastern Cape that cost the lives of over 20 young people. What prevented the inspectors of the Eastern Cape Liquor Board from doing their jobs? Especially in light of the fact that it appeared to be an open secret in the community that under-age drinking was tolerated if not encouraged by the owners. What allowed the owners to boldly, but illegally, extend their building? Where was enforcement from the local municipality?
The formulation, preparation and passing of laws cannot be done in a vacuum, or without the enforcement context (geography, capacity, co-ordination between the different arms of the State). Merely ‘cutting and pasting’ legislation from first world countries, in the hope that they will be effective here is foolhardy and often deadly, as the relatives and survivors of the Johannesburg CBD fire, and Enyobeni Tavern tragedy will attest.
Vijay Naidoo is the CEO of the Port Shepstone Business Forum. He writes in his personal capacity. The views expressed are the author’s own and do not necessarily reflect those of this publication.
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