The Ministry of Justice and Constitutional Development and the Ministry of Employment and Labour have welcomed the sentences handed down earlier today by Acting Judge David Mhango in the Gauteng South Division of the High Court of South Africa of seven Chinese nationals and one business entity who were found guilty of trafficking in persons and other charges.
The accused were found guilty on 160 counts, which led to direct imprisonment of 20 years each, for various charges including human trafficking, child labour and a violation of various labour laws.
Sentences of 20 years imprisonment were handed down for 11 trafficking charges, 10 years imprisonment for each perpetrator for kidnapping, 5 years imprisonment for each perpetrator for debt bondage as well as a R300 000 fine for the business entity (Beautiful Life (Pty) Ltd.)
Maximum sentences were given on all the counts of labour law convictions and all the perpetrators were declared unfit to possess a firearm.
In his ruling, Judge Mhango emphasized the gravity of the offenses and said that human trafficking, kidnapping and bonded labour were among the gravest crimes a court could deal with.
The group operated an illegal factory named Beautiful City (Pty) Ltd in Village Deep, Johannesburg. The accused were arrested on 12 November 2019, in a joint operation carried out at their enterprise.
The joint inspection blitz was carried out by the Department of Employment and Labour’s Inspections, Enforcement Services (IES), together with the South African Police Service’s Directorate for Priority Crime Investigation (the HAWKS) and the Department of Home Affairs, following a tip off.
The factory was raided and authorities discovered 91 Malawian nationals, including children, living and working in inhumane conditions.
Of the child victims, the youngest ones were trafficked into South Africa at the age of 14 years.
Workers were undocumented, forced to work 7 days a week, and paid below minimum wage. Some of the victims also suffered serious injuries whilst working in the factory. The victims were smuggled into the country in shipping containers.
The Minister of Employment and Labour, Ms Nomakhosazana Meth, has applauded the various government departments and law enforcement agencies, led by the DEL Inspections, Enforcement Services Branch for their sterling work in this operation.
“Government collaboration has indeed delivered a positive outcome. This sends a strong message to those who think they can continue with exploitative practices and fail to comply with labour laws,” says Minister Meth.
The Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi, echoed the sentiments.
“Justice has prevailed in the fight against human trafficking. We want to congratulate the National Prosecuting Authority and the South African Police Service for their excellent work in the relentless pursuit of justice. Their collaboration has once again demonstrated the power of coordinated law enforcement in dismantling human trafficking networks,” said Minister Kubayi.
The Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, referred to the important work being done by the National Intersectoral Committee on Trafficking in Persons (NICTIP) in South Africa. NICTIP plays a central role in coordinating the country’s anti-trafficking efforts, bringing together various government departments, law enforcement, civil society, and international partners to implement the Prevention and Combating of Trafficking in Persons Act, 2013.
“Trafficking in persons is a brutal form of modern-day slavery. Human beings are not commodities. Strong sentences in trafficking cases are effective in deterring perpetrators and signaling that exploitation will be met with serious consequences,” said Deputy Minister Nel.
The Deputy Minister of Employment and Labour, Mr Jomo Sibiya, who leads the DEL’s Inspections and Enforcements per his delegation, recently led the National Day Against Child Labour in the North West, and is thrilled that the law has taken a strong stance against perpetrators of human trafficking and exploitation of children. Deputy Minister Sibiya, who was present in court for the sentencing, has been leading the delegation of the Department of Employment and Labour, as this case progressed.
“We have been following this case very closely. This is a ground-breaking victory because matters that involve labour laws will now be taken seriously. People will know that if you disregard labour laws, you might find yourself going straight to jail because the era of impunity has ended,” says DM Sibiya.
Enquiries:
Mr Terrence Manase
Spokesperson: Ministry of Justice and Constitutional Development
Cell: 082 338 6707
Ms Thobeka Magcai
Spokesperson: Ministry of Employment and Labour
Cell: 072 737 2205
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