Department of Employment and Labour’s Gauteng Provincial Chief Inspector to testify in the Chinese trial on human trafficking and child labour
Department of Employment and Labour’s Gauteng Provincial Chief Inspector (PCI) Advocate Michael Msiza is to relive the “grim and gory” details of the horror factory in which illegal migrants were subjected to when he takes the stand at the Johannesburg High Court tomorrow (28 March).
Msiza is expected to give his testimony in the trial involving seven Chinese nationals allegedly accused of human trafficking and child labour.
The accused in the matter are: Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. The accused are facing schedule six offenses.
On 12 November 2019 Msiza was leading a team of departmental inspectors in a joint operation by the Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch together with the South African Police Services (SAPS)/ Hawks Unit and the Department of Home Affairs when they busted a Chinese factory involved in the trafficking of illegal immigrants and subjecting them to forced labour.
The joint operation was carried out at the premises of a company called Beautiful City Pty Ltd located at Village Deep in Johannesburg. At the time the joint operation uncovered illegal immigrants and some were minor children who are alleged to be around the age of 15 being subjected to horror working conditions.
The employers were found to be violating the suite of SA’s labour legislation ranging from National Minimum Wage (NMW), Occupational Health and Safety (OHS) Act and Basic Conditions of Employment Act (BCEA).
At the time Msiza said the team of inspectors had uncovered one of “the most grim site” they had ever come across.
Taking the stand today (March 27) was Zukile Memela, a Zimbabwean national who worked at the factory as a driver. He was quizzed about the daily operations of the factory.
The Chinese are accused of human trafficking, contravention of Immigration Act, kidnapping, pointing a firearm, debt bondage, benefitting from the services of a victim of trafficking, conduct that facilitates trafficking, illegally assisting person(s) to remain in South Africa, and failure to comply with duties of an employer.
In October (2021) the accused pleaded guilty to violating several of South Africa’s labour laws.
However, the other charges still stand and their trial continues.
Five of the accused are out on bail. The other two accused Chen Hui (number 2) and Zhang Zhilian (number 7) are now in custody for violating their bail conditions. The two tried on separate occasions to flee the country and were nabbed.
The Chinese factory is alleged to have been employing in the main illegal Malawian nationals, 37 of them were children. The Chinese factory was allegedly processing the inner cotton of blankets using recycled clothing.
Some Malawian workers employed at the factory have testified that the company’s operations were carried out behind high walls and closed steel gates with access strictly controlled. Workers were also allegedly subjected to beatings, insults and exposed to hazardous working conditions in violation of occupational health and safety Act.
The matter has been remanded to tomorrow (28 March 2023). The other accused have been warned to respect their bail conditions.
Enquiries:
Teboho Thejane
Cell: 082 697 0694
E-mail: Teboho.Thejane@labour.gov.za
