Employment and Labour on the resumption of Chinese trial of human trafficking and child labour

Chinese trial of human trafficking and child labour to resume next month after State secures Mandarin interpreter

Now that the State says it has managed to arrange a Mandarin interpreter, the trial of seven Chinese nationals arrested for alleged human trafficking and child labour is expected to resume in the Gauteng Local Division (Johannesburg High Court) next month.  

The seven Chinese accused are Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. They are facing schedule six offenses which include trafficking in persons, 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.

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.

Last October (2021) the accused in a written statement read by their attorney Jannie Kruger made an admission of guilt for violation of several South Africa’s labour laws. However, the other charges still stand and they will continue to face trial on those.

The accused were arrested in 2019 for allegedly running an illegal enterprise called Beautiful City Pty Ltd located at Village Deep in Johannesburg in a joint operation by the Department of Employment and Labour’s Inspection and Enforcement Services (IES) together with the South African Police Service (SAPS) Hawk Unit and the Department of Home Affairs.

The Malawian workers employed at the factory testified that the company’s operations were carried out behind closed high steel gates with access strictly controlled. Workers were also allegedly subjected to beatings, insults and exposed to hazardous working conditions not adhering to occupational health and safety Act.  

The Chinese factory is alleged to have been employing 91 Malawian nationals, 37 of them were children. The Court has since heard that most of the Malawians working in the factory were transported to South Africa through containers.

Attorney representing the Chinese nationals, Jannie Kruger expressed concerns over undue delays because of the State. Kruger also lamented before Acting Judge Jordaan over what he said: “is a missing captain (Acting Judge Mhango) to hear further evidence”.  He said the State has to take the blame over the delays.

The matter started at the Johannesburg Magistrate Court in 2020 and was in September 2021 transferred to the High Court.

Prosecutor, Advocate V. Dube reiterated that the State will proceed with submitting what is called Section 66 application.

Section 66 deals with matters relating to the execution against immovable property.

The matter has been remanded for 18 November 2022.

For more information, contact:

Teboho Thejane - Departmental Spokesperson
Cell: 082 697 0694
Email: Teboho.Thejane@labour.gov.za

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