The Department of Employment and Labour led by Minister Nomakhosazana Meth said it was investigating a fatal incident that occurred on March 29, 2025, at a construction site in Phoenix, Durban, where two Mozambican nationals died after a retaining wall collapsed during backfill work.

“Preliminary findings point to serious safety breaches by the employer. A Prohibition Notice was issued, halting all related work until compliance with the notices issued. The investigation is ongoing in collaboration with the SAPS. More evidence is being gathered to determine further action,” Thejane said.

To monitor and enforce labour laws at construction sites to ensure workers’ safety, the department said it conducts advocacy sessions in the form of seminars, information sessions, workshops, conferences, etc.

“These sessions are carried out throughout the country to raise awareness with regard to occupational health and safety in workplaces. The department held a workshop on construction from the 14 to the 16th of October 2024. Furthermore, the department also conducted awareness sessions in George and Cape Town with a special focus on the construction sector. These took place in November 2024,” he said.

Thejane added that according to the law, contractors are required to obtain a construction permit from the department and also to notify the department of the construction work before the commencement of thereof. This enables the department to undertake inspections to monitor compliance.

Furthermore, the department on a monthly basis monitors an area assessment to identify new construction that may not have been reported to it and enforcement done, he said.

“The department continuously works with the Department of Home Affairs when conducting high-impact and joint inspections. These types of inspections take place on a continuous basis. As recently as March 2025, there were joint inspections that were conducted in Limpopo and Mpumalanga, whereby about 17 undocumented workers were arrested.

“In April 2025, the department will be conducting joint inspections with the Department of Home Affairs in the Eastern Cape through a specialised team called the National Roving Team,” Thejane said.

The department has developed a National Labour Migration Policy which is in the process of being approved by Parliament. This policy is meant to, inter alia, regulate the absorption of foreign nationals in a manner that would not compromise the employment of SA nationals who possess the requisite qualifications, skills, and experience, he said.

Dr Msizi Myeza, chief executive of the Council for the Built Environment (CBE), said structural collapses typically result from a combination of poor practices occurring simultaneously, rather than isolated incidents of poor practice. Preliminary pointers focus the spotlight on competencies and non-compliance with the regulatory framework.

“What is apparent in the sifting of information is that the building regulations do not differentiate between high-risk and low-risk buildings which require different competencies to mitigate risks. To determine the cause of building collapses, the CBE has since embarked on an investigation of the George building collapse with an intent to consider the findings and apply the lessons learned to prevent future incidents,” Myeza said.

The CBE is an overarching body that coordinates six built environment Professional Councils (Architecture, Engineering, Landscape Architecture, Project and Construction Management, Property Valuation, and Quantity Surveying) to instil good conduct within the professions, transforming the professions and advising the South African government on built environment-related issues, in line with CBE Act 43 of 2000.

The NHBRC did not respond to a request for comment sent last week, despite making multiple promises to do so.

The Department of Public Works referred questions to the Department of Employment and Labour.

gcwalisile.khanyile@inl.co.za

nhrbc

New worker protections: SA amends OHSA amid rising construction fatalities