Defence in the matter of seven Chinese nationals arrested for alleged human trafficking and violation of SA’s labour laws apply for amendments to bail conditions of the three accused
The defence in the matter of seven Chinese nationals arrested last November for alleged human trafficking and violation of South Africa’s labour laws has applied for amendments to bail conditions of the three accused.
Attorney representing the accused Jan Kruger today (19 August) told the Johannesburg Magistrates Court that the accused reserved the right to free movement and economic activity.
Magistrate Basimane Molwana on 24 June granted bail with strict endorsements to the seven Chinese nationals in the long-drawn bail hearing.
The seven accused in the matter - Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian – first filed for bail in November following their arrest.
The defence is applying for bail condition amendments for accused one (Tsao), accused two (Hui) and accused six (Junying).
The Chinese nationals were on 20 March 2020 denied the initial bail. Following that the defence decided to lodge a second bail attempt on new facts. On May 25 the Magistrate ruled that there were grounds for defence to apply for second bail. The Prosecution had earlier dismissed the submission by defence of a second bail attempt as the “reshuffling of old arguments as new facts”.
Accused one (Tsao) was granted a bail of R70 000 with conditions to leave his place of resident only on Mondays, Wednesdays and Fridays. A naturalised South African, he is also having a pending matter which is being heard at the Alexandra Court.
Accused two (Hui) was granted bail of R55 000. He also has a previous conviction.
The rest of the accused were granted bail of R30 000 each with strict conditions attached to their movements.
Accused two to seven were expected to stay at the place of resident of accused number one. They are not allowed any movement beyond their complex. The are only allowed movement out of their premises only to sign at the Cleveland Police Station between 06h00am and 18h00 and when they attend to Court proceedings.
The seven accused appearing in the matter were arrested for allegedly running an illegal enterprise called Beautiful City Pty Ltd located at Village Deep in Johannesburg.
The seven Chinese - four males and three females were arrested on 12 November 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), Department of Home Affairs and the Hawks Unit.
Their arrests followed a tip-off that the Chinese nationals were allegedly involved in the trafficking of illegal immigrants into South Africa and subjecting them to forced labour.
During the joint blitz 91 Malawian nationals were found in the factory, 37 of them were children. During the bail hearing the Court heard that the Malawians working in the Chinese 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.
The Chinese factory was allegedly processing the inner cotton of blankets using recycled clothing. It is alleged that the company’s operations were carried out behind closed high steel gates with access strictly controlled by employers. Workers were also allegedly exposed to appalling working conditions without adhering to occupational health and safety.
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, violation of Immigration Act, debt bondage, kidnapping and pointing of a firearm. The Department of Employment and Labour has since joined in the matter to press for the prosecution of the accused for violating South Africa’s labour laws.
Molwana expressed his frustration of the no show by the Prosecutor in the matter. Molwana postponed the matter to 24 August. The accused are out on bail.
For media enquiries contact:
Shadrack Mashalaba
Media Liaison
Cell: 076 982 6821
Teboho Thejane
Departmental Spokesperson
Cell: 082 697 0694
