Lawyer says Babel case highlights unchecked labour exploitation

Human Rights lawyer, Sheldon Magardie, has emphasised the importance of securing South Africa’s borders to protect both locals and undocumented workers from exploitation. 

Magardie’s comments come amidst the controversy surrounding Pretoria’s Babel Restaurant, which is accused of flouting labour laws and exploiting employees.

It follows a viral tell-all video by a former employee, Mihlali Nobavu, who accused staff at the restaurant of creating a toxic environment and mistreating workers.   

Her allegations include that employees were forced to pay for their own uniforms and were not paid a basic salary. 

She further alleged that management had offered her money in exchange for taking down the video. 

Amina Lameck, an undocumented foreign national and former Babel Restaurant employee, was on Tuesday sentenced to four months in prison for being in the country illegally. 

She told the Hatfield Magistrate’s Court that she earned R6 000 monthly, which she sent to her two children in Malawi.

The 34-year-old Malawian national had pleaded for mercy, saying her search for better opportunities led her to staying in the country illegally. 

Lameck’s family became emotional during her sentencing, pleading for her release and offering to purchase her a bus ticket back home.

Speaking with YNews, Magardie labelled the four-month sentence as severe, advocating for immediate deportation instead. 

Another former Babel employee, Kelechi Maduike, faced similar charges. 

The case against him was postponed to Friday for securing an Igbo interpreter. 

Meanwhile, Nicholas Mabhena from the African Diaspora Forum noted that harsh socio-economic conditions have left Africans vulnerable to exploitation. 

He’s urged workers to form unions, regardless of documentation status. This despite the Department of Employment and Labour’s concern about the employment of undocumented foreign nationals that doesn’t only violate the country’s labour laws but, which the department says, also contributes to worker exploitation.

Magardie believes that government needs to balance border control with human rights protection.