Foreign truck drivers employed by South African freight companies must have valid work permits. Without these permits, insurance companies are not legally required to cover claims from accidents.
This was said by Gavin Kelly, CEO of the Road Freight Association, during an interview on Good Morning Cape Town.
He was answering the question of whether or not a foreign national from a neighbouring country would need to have a work permit to work as a driver for a South African company even if the driver has a SADC licence that is recognised in the country.
Kelly said it is illegal for foreigners to work in South Africa without the correct visa or permit, and equally illegal for companies to employ them without the necessary documentation. Said Kelly (via IOL):
If an insurance policy states that employees including drivers must meet all legal requirements – then the insurer has the right to repudiate a claim if this part of the contract is not complied with.
Work permits ensures that all employees are registered with the relevant Council, receive the minimum benefits and wages, and all employment opportunities that are available are made available to qualifying South African citizens first.
According to Kelly, freight drivers transporting goods between countries must be legally employed by the company registered in their home country.
For instance, a driver carrying freight from South Africa to Namibia must be employed by a South African company.
The driver can only enter the other country if it is part of their job and specified in their employment contract.
Drivers have a set number of days, depending on the country, to pick up the load and return to South Africa.
According to Kelly, SADC licenses are recognised in South Africa under the National Road Traffic Act.
He said foreign nationals on tourist visas can drive rented or their own vehicles if they reside in neighbouring countries.
Kelly added that those employed by companies outside South Africa are authorised to drive vehicles used for transporting goods into and out of South Africa.
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