Saturday Star reports that the Department of Labour (DOL) has been accused of infringing on the constitutional rights of asylum seekers and refugees because of alleged discrimination in providing access to the Unemployment Insurance Fund (UIF).
The contributory fund is a lifeline for thousands of formerly employed people across the country, but it appears that the DOL is purposefully excluding asylum seekers - even those who have contributed and are entitled to unemployment benefits. Now, after representing an asylum seeker who has allegedly been denied UIF benefits for two years, the Pro Bono and Human Rights Practice at the law firm Cliffe Dekker Hoffmeyr is considering bringing court proceedings against the DOL to obtain relief for a Congolese asylum seeker, Ndaye Mungedi. This could set an important precedent for others. For seven years, Mungedi worked for a tyre manufacturing company in Kempton Park but was retrenched in April 2016 for operational reasons. He has proved that he made UIF contribution payments throughout his time at the company. But for almost three years the Kempton Park Labour Centre has made it all but impossible for Mungedi to apply, even though he has all of the requested documentation. Makhosonke Buthelezi, UIF director of communications and marketing, said they did not exclude asylum seekers or refugees, but insisted that “valid identification” would be necessary. “Mr Ndaye’s matter is still under investigation. It is thus premature to comment,” Buthelezi also said.
- Read the full original of the detailed report by Shain Germaner at Saturday Star
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