Fruit industry challenges proposed ban on labour brokers

The fruit industry has called for regulation rather than banning of labour broking “to allow for greater skills development and a better understanding by producer growers and brokers of worker needs.” This follows amendments to the Labour Relations Act likely to be passed by parliament next year outlawing the practice. It’s a move fervently supported by major trade unions. The fruit industry, a major contributor to South Africa’s gross domestic product (GDP), is committed to driving an ethical trade programme for improved worker conditions, headed by Fruit South Africa, the umbrella body representing the sector. Colleen Chennells, appointed ethical trade portfolio manager by Fruit South Africa a year ago, makes clear the industry does not support an outright ban on labour brokers. Chennells says while some farmers think they are able to “pass the buck” or “wash their hands” by employing brokers, the reality is quite different. “The law stipulates farmers and brokers are jointly and severally liable in the event of issues falling under the Basic Conditions of Employment Act. “My concern is an outright ban will not only drive brokers underground but lead to greater unemployment.” The Deciduous Fruit Producers’ Trust (DFPT) has undertaken a pilot project in the Koue Bokkeveld to further broker understanding of labour laws and practices amongst labour brokers. The well-being of farm workers is prime in considerations by the Ethical Trade Steering Committee, a body representing major producer bodies such as the Citrus Growers’ Association (CGA), DFPT, South African Table Grape Industry (SATI) and the Subtropical Growers’ Association as well as the Fresh Produce Exporters’ Forum (FPEF) which represents leading exporters including Capespan and Colors Fruit. Labour broking was banned in Namibia last year, a decision that is being challenged constitutionally.