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Lesotho Shearers Corporate Permits

Lesotho Shearers Corporate Permits. Harry Prinsloo NWGA Elize van der Westhuizen Agri SA Louis de Beer Cape Wools James de Jager CMW. General background of corporate permits in the agricultural sector.

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Lesotho Shearers Corporate Permits

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  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 Africa’s 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 NonhlanhlaNgwenya. • 9 March 2012 • Requested Dept of Labour (Ms. NonhlanhlaNgwenya) to respond to the request as I was under the impression that the application of VrystaatSkeerdiens 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 locations–provinces 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

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