Why are foreign sole proprietors using work permits and not Business VISA's

Ashlyn Nundlall sent a message to Leon Amos Schreiber.

To
Leon Amos Schreiber
From
Ashlyn Nundlall
Subject
Why are foreign sole proprietors using work permits and not Business VISA's
Date
Sept. 3, 2025, 5:58 p.m.
Dear Dr. Leon Amos Schreiber
I would like to bring to your attention a matter of public concern. Many foreign nationals as you may be aware are currently "working" as independent contractors for various companies listed(such as PINGO under Shoprite Group,Pick and Pay,Woolworths etc) on the Johannesburg Stock Exchange(JSE). The contracts has been challenged numerous times under section 200A of the Labour Relations Act. They have thus far won and had their validity of their independent contract agreements upheld. If their contracts are indeed legitimate thou. It implies that these contracts are legally self-employed persons and not employees.If they are indeed self-employed that implies they are operating as sole proprietors is RSA. This then means that they should have to obtain business VISA's to legally operate in the country. The problem is that when the Department of Labour inspectors arrive for example. They show Work Permits or Work VISA's not Business VISA's. How are these JSE Listed companies and foreign nationals claim to be labourers when dealing with the Department of Labour and Employment but claim to be independant contractors when dealing with the CCMA or the Labour Court.

Since they vehemently claim that are indeed contractors they must then be forced to meet the criteria to obtain a business VISA in South Africa. The law should be rigourously applied to make sure that the rights and interests of South African's are put first. Who are your electorate.
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