The apartheid era legacy of domestic staff ‘living in’ makes it easier for employers to ignore labour laws, say advocacy groups in South Africa (Guillem Sartorio)
<p>Johannesburg (AFP) – For three years, SiyamthandaDube lived in a shed outside the house where she cleaned, cooked and babysat for a South African family.</p><p>Her employers asked her to move to "be with the kids" after their mum started a new job in 2014. </p><p>Dube complied, bringing her two daughters and reluctant husband from their home in a Johannesburg township.</p><p>"We put the bed up on top of buckets so that we could put the kids’ mattresses underneath," she said. </p><p>"The house was under trees and all the jojos (bugs) would come inside."</p><p>Domestic workers in South Africa often live on the premises of their employers, in subpar conditions, without job security and on low wages.</p><p>’Living in’ is a legacy of the apartheid era when non-white South Africans were banned from residing in cities.</p><p>To avoid treacherous commutes from faraway townships, black women employed by white households would live at work.</p><p>Today, despite apartheid having ended 25 years ago, most domestic workers’ homes are still a long way from their workplace. </p><p>The distance and a lack of reliable transport keeps the live-in set-up going.</p><p>And, say advocacy groups, that makes it easier for employers to ignore post-apartheid labour laws. </p><p></p><p>- ‘We don’t want her anymore’ -</p><p></p><p>"Employers often feel that if someone is living on their property, they have free rein to use them whenever they need," said Amy Tekie, who co-heads the domestic workers’ network, Izwi.</p><p>It has helped more than 200 women speak up against poor treatment, low pay and unfair dismissals over the past year. </p><p>"People don’t realise that you can’t just fire your domestic worker at will," said Tekie.</p><p>Dube, 31, says she was beaten and then dismissed in 2017 after taking her feverish daughter to the chemist one morning, making her late for work. </p><p>"(My boss) started fighting at me, shouting at me, swearing," she recalled.</p><p>She was knocked unconscious, she said, and taken to hospital. Her employer offered her 200 rand (less than $14) to "keep quiet", she told AFP.</p><p>When she returned, the house keys had been removed from her key chain.</p><p>"I knew I was fired," Dube said.</p><p>"They called my husband and said… we don’t want to see her anymore."</p><p></p><p>- Lack of awareness -</p><p></p><p>Labour rights in South Africa are enshrined in the constitution and domestic workers by law should receive a work contract stipulating their hours.</p><p>It is also one of three African countries to have ratified the International Labour Organization’s (ILO) Domestic Workers Convention, which places a duty on governments to ensure fundamental rights and prevent abuse.</p><p>But enforcement still poses a challenge.</p><p>"You can have a good law on paper," said ILO country office director Joni Musabayana.</p><p>"But how do you ensure that domestic workers and employers are fully up to date?" he said.</p><p>There are still too few labour inspectors despite a recent hike in their numbers and access to private homes and farms depends on the owner’s willingness, he added.</p><p>Tekie said that today most employers were "decent people" who had just grown up in a culture where domestic workers had no rights.</p><p>For Fazlyn Toeffie, it took years to realise that her family’s relationship with live-in staff was "not normal".</p><p>"I grew up in a household… where domestic workers were not respected," said Toeffie, 39, who lives in Johannesburg. </p><p>"The helper had to eat out of the maid’s plate in her servant quarters… and then was called back to wash the dishes."</p><p>Toeffie told AFP that when she decided to hire a housekeeper under "better conditions", she had "no idea" where to start.</p><p></p><p>- ‘Can’t share my stories’ -</p><p></p><p>South Africa has about 1.3 million domestic workers, the ILO says. Government figures are slightly lower, at one million.</p><p>The sector is mostly made up of black women from neighbouring Zimbabwe and Lesotho, according to Musabayana.</p><p>But many work without permits, leaving them even more vulnerable.</p><p>"It is not a group of people who are going to speak up and say ‘no’," said lawyer Chriscy Blouws, who helps women take legal action.</p><p>Itumeleng says she was sexually assaulted by her employer this year.</p><p>A single mother, Itumeleng — whose name has been changed for this story — migrated to South Africa in January and lives with her employers in Johannesburg.</p><p>She works 14-hour days and looks after their baby girl — sleeping with her to spare the parents from waking up at night.</p><p>"One night, my boss came home drunk," Itumeleng told AFP, after gaining rare permission to leave the house.</p><p>"He went in my room and touched me. I thought he was coming to take the baby."</p><p>Teary-eyed, she recalled the scuffle as his wife intervened and pushed her husband away.</p><p>"I can’t share my stories to anyone," said Itumeleng. "I am not a South African and I don’t have a work permit."</p><p></p><p>- Start to see change –  </p><p></p><p>"Most domestic workers are not part of any union or any worker organisation," said Tekie.</p><p>South Africa in January implemented a minimum wage but domestic work is one of three sectors excluded from the hourly 20-rand ($1.36) rate.</p><p>The minimum wage for domestic workers is 15 rand ($1) an hour.</p><p>Rights groups have been lobbying for wage parity.</p><p>South Africa’s labour department did not respond to AFP’s requests for comment.</p><p>But Tekie noted that, with the right approach, existing labour laws can still "get outcomes".</p><p>This year domestic workers won the right to claim compensation for injuries at work after a case brought by the daughter of a woman who drowned in her employer’s pool in 2012.</p><p>Dube, too, has taken action — her ex-employer was forced by a labour dispute body to pay her three months’ salary for unfair dismissal.</p><p>She also took him to court, where he was found guilty of physical abuse and sentenced to either six months in jail or a 60,000-rand fine. He opted for the fine.</p><p>"What happened to me is so difficult to forget," said Dube, who still struggles with back pain.</p><p>"I felt like a zombie, but I am better now."</p><p>sch/kjm</p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p>            </p><p></p><p></p><p>               </p><p></p><p>    </p><p></p><p>        </p><p></p><p></p><p></p><p></p><p></p>

Disclaimer: Validity of the above story is for 7 Days from original date of publishing. Source: AFP.