Social media clips show­ing labour inspec­tions at small busi­nesses have raised ques­tions about how far inspect­ors can go and whether politi­cians, the pub­lic or act­iv­ists can take part in work­place raids.

According to The Herald, the clips show inspec­tions at small busi­nesses that appear tense and con­front­a­tional rather than calm and orderly.

This comes as the gov­ern­ment steps up efforts to enforce com­pli­ance with labour laws.

The law gives labour inspect­ors broad powers to carry out inspec­tions but legal experts say these are not unlim­ited and should never be used for polit­ical pur­poses or to intim­id­ate employ­ers.

The Depart­ment of Employ­ment & Labour has stressed that only author­ised labour inspect­ors can con­duct work­place inspec­tions.

It did not recog­nise or author­ise act­iv­ists, organ­isa­tions or other rep­res­ent­at­ives to act as inspect­ors on its behalf.

Its inspect­ors oper­ated under a strict code of con­duct and employ­ers should report any­one imper­son­at­ing an inspector to law enforce­ment.

Dr Louis Koen, a senior lec­turer and moot court co-ordin­ator in the Depart­ment of Pub­lic Law at the Uni­versity of Johan­nes­burg, said there was no gen­eral right for politi­cians, act­iv­ists or mem­bers of the pub­lic to join work­place inspec­tions.

Accord­ing to Koen, tak­ing politi­cians or act­iv­ist groups into work­places for pub­li­city or intim­id­a­tion ‘would be leg­ally ques­tion­able’. 

Dr Llewelyn Cur­lewis, a senior law lec­turer at the Uni­versity of Pre­toria, said any­one enter­ing the premises without law­ful author­ity would be tres­passing.

Full report in The Herald