Parliament says EFF MPs have a right to conduct oversight inspections in any sector as part of their constituency work provided they did not intimidate or threaten people.
EFF leader Julius Malema, with an entourage in tow, embarked on controversial inspections to establishments in the hospitality industry to check on the ratio of foreigners to South Africans employed.
On Wednesday, Malema paid visit to Kream restaurant in Midrand, Johannesburg, in an effort to push for the employment of locals. Malema's actions at the establishment, including threats to not allow it to operate if he was not permitted inside, caused a stir on social media and received a backlash from some quarters.
Parliament's spokesperson Moloto Mothapo said in conducting oversight as part of their constituency work, members of parliament's behaviour is guided by their Code of Conduct as they are not expected to intimidate or threaten those that they do their inspection work on.
“It is expected that in the course of conducting the parliamentary obligations, members always conduct themselves lawfully and within the provisions of the members' Code of Conduct,” Mothapo said.
Mothapo added that if any member of the public is aggrieved about an MP's behaviour when conducting oversight, they can lodge a complaint with parliament.
He, however, refused to be drawn into how Malema conducted his oversight work on Wednesday, saying he did not have the details about what transpired during the EFF leader's visit.
Malema was at the Mall of Africa where he and other party leaders conducted inspections at several restaurants on Wednesday.
Malema said the party had abandoned its call for a 70%- 30% employment ratio between locals and foreign nationals but still wanted to see locals being given preference.
“We have a problem of high unemployment and poverty and it can only be resolved through employment. No-one is saying they must not employ Zimbabweans, but there must be at all times be locals who are given preference,” Malema said.
Asked how he would ensure that this was implemented if heads of the hospitality industry rejected it, he said he had made Kream restaurant management open their doors for him despite their initial refusal.
“They will comply. You saw them complying and nothing happened. They said I am not going to enter and I am going to get a letter. What happened?” Malema boasted about forcing the management to let him inside the establishment.
South African Equity Workers Association official and former Kream waitress, Thando Puti, accused the restaurant and many others of exploiting workers, including confiscating their tips when they did not perform optimally.
Puti, who hails from Zimbabwe, said: “There are a lot of taxations and deductions which are not legal that are happening in this establishment. I don’t want to create the impression that it’s happening only at Kream. This is an example of what is happening in most restaurants all over SA.”
Kream management refused to comment on Malema's inspection and the allegations. On Tuesday, EFF Tshwane leaders visited Menlyn Ocean Basket demanding that it change its high ratio of foreigners to South Africans within two months.
Menlyn Ocean Basket owner and manager, Jacobus Senekal, admitted that only eight of his 34 employees were South Africans while majority were Zimbabweans, with some from Mozambique.
Senekal said while he was not hostile towards the EFF, including its demands to see changes in two months, he had no obligation to fire his employees or prioritise South Africans.
“These are all people that are legally allowed to be in this country. They have got work permits and some permanent residence and they have been working here for years,” Senekal said.
Senekal claimed that very few South Africans applied for work at his restaurant of low wages owing to economic conditions. He said he was willing to listen to EFF on the ways in which more opportunities could be created for South Africans.
