Unravelling Rights: ‘Illegal’ Migrant Domestic Workers in South Africa

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ABSTRACT This article discusses the employment experiences of Basotho migrant domestic workers in South Africa. As they generally do not possess South African identity documents, these migrants are constructed (legally, socially and discursively) as ‘illegal’ workers. In 2008, the commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court officially extended basic labour protections and rights to apply to foreigners working ‘illegally’ in South Africa. Despite these moves, Basotho domestic workers find labour institutions, including unions, inaccessible. As deportable migrants they are afraid of being detected by the authorities; this precludes any engagement with institutions, and often even with fellow domestic workers. Living-in with employers – while an effective strategy for migration and even for concealment from the authorities – also heightens their dependence on employers. Unsurprisingly, these workers' isolation and dependence create the conditions for their exploitation, as reflected by their long working hours, low and/or variable pay levels, and limited access to leave. As with other domestics working under similar structural conditions, Basotho domestics' strategies for stabilising their employment and managing the employment relationship involve cultivating a ‘mask of deference’ and submissiveness. Migrants' reliance on this strategy – and by extension, the significance of migrant ‘illegality’ in shaping their structural position – is evidenced by their popularity with employers. Alongside other cross-border migrants, Basotho women are therefore known amongst employers for their submissiveness vis-àvis their ‘troublesome’ South African counterparts. This analysis carries numerous implications for the regulation of domestic service, while highlighting the significance of employment relations and labour institutions in constructing and reinforcing the ‘illegality’ of unwelcome migrant workers in South Africa.