Chinese nationals arrested for alleged human trafficking and violation of labour laws breached SAs immigration laws
A witness testified in the Johannesburg Magistrate Court that the seven Chinese nationals who were arrested last year for alleged human trafficking and violation of South Africa’s labour laws had violated their visa applications.
Regan Kistan, an Administrative Clerk with Department of Home Affairs testified in Court today that applications by the accused indicate that the accused had no business to conduct work in the Republic of SA. Kistan further testified that in terms of Immigration Act (Section 43), anyone violating the terms and conditions of his or her status, this nullifies the visa.
Kistan further told the Court that any person or employer who hires an illegal foreigner knowingly was acting in violation of the country’s Immigration law.
The seven accused were found to have entered South Africa on various documents ranging from visitor’s visa to intra-company transfer permit and retirement visa.
The accused are: Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. The seven Chinese nationals were operating a factory called Beautiful City Pty Ltd located at Village Deep in Johannesburg.
The seven Chinese nationals - four males and three females were arrested on November 12 2019 in a joint operation conducted by the Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch in Gauteng together with the South African Police Services (SAPS), Home Affairs and the Hawks Unit. The arrests followed a tip-off that the Chinese nationals were allegedly involved in the trafficking of illegal immigrants and subjecting them to forced labour.
During the blitz 91 Malawian nationals were found in the factory, 37 of them were children. The Court has since heard that the Malawians working in the factory were transported to South Africa using containers. The Malawians are alleged to have been brought to South Africa by a middleman known as “the transporter” who is still on the run.
In an affidavit submitted by the SAPS/Hawks in Court, the authorities intend to charge the accused with schedule six offence. The accused will face charges ranging from human trafficking, debt bondage, kidnapping and pointing of a firearm.
The Department of Employment and Labour has since submitted a statement requesting additional charges - those of contravention of labour laws be added. The Department is demanding R7-million owed by the accused for violating the Compensation for Occupational Injuries and Diseases Act, contravening the Unemployment Insurance Act, the Unemployment Insurance Contribution Act, contravening the Occupational Health and Safety Act, the Basic Conditions of Employment Act and the National Minimum Wage Act.
Magistrate Basimane Molwana has postponed the matter for further bail application to 03 March 2020. The accused have been remanded in custody.
Enquiries:
Teboho Thejane
Departmental Spokesperson
082 697 0694
