The seven Chinese nationals together with their company standing trial for human trafficking and child labour were today found guilty on 160 Counts in the Gauteng South Division Court in Johannesburg.
Judge J Mhango said it was common course that the accused were in charge of Beautiful City and managing its operations; that the factory employed foreigners - mainly Malawians; that a number of employees sustained injuries during operations of Beautiful City; that the Malawians were illegal in the Republic of South Africa; that employees at the factory worked from Monday to Sunday and that it paid wages below the National Minimum Wage (NMW) which is a statutory requirement in the country.
The Chinese in the trial are: Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. The accused were facing schedule six offences.
The Chinese were found guilty on not registering with the Compensation Fund and declaring their operations; failure to keep records of their earnings; failure to submit their return on earnings; failure to pay and declare assessments; failure to maintain a safe workplace; failure to report incidents; failure to register and declare with Unemployment Insurance Fund Commissioner; failure to inform the Commissioner on Unemployment Insurance changes; guilty of human trafficking; aiding/facilitating human trafficking; bondage; benefiting from victims of human trafficking; assisting illegals to remain in South Africa.
The seven criminals were arrested on 12 November 2019 in a joint operation carried out at their premises Beautiful City Pty Ltd based at Village Deep in Johannesburg. They were arrested during the joint inspection blitz carried out by the Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch together with the South African Police Service (SAPS)/ Hawks Unit and the Department of Home Affairs.
The joint operation uncovered illegal immigrants some of whom were minors working under horror conditions and kept in the locked premises of Beautiful City. The factory produced cotton fibre sheets.
Earlier in the morning proceeding were delayed as the defence via its legal Counsel J. Kruger objected to the trial being beamed live by television stations. Defence argued that televising the trial will infringe on the rights of the accused. The accused he said, had also requested to contact the Chinese Embassy.
Prosecutor, Valencia Dube said the matter was in the public interest and a precedent was set when media was allowed during the bail hearing in the Johannesburg Magistrates Court.
Department of Employment and Labour Gauteng Provincial Chief Inspector, Advocate Michael Msiza said the judgment was a landmark ruling for labour laws. He said the judgment sends a strong message to those that continue to employ illegal immigrants, that illegality will not be tolerated.
All the accused were remanded in custody except for number six, Dai Junying who is still out on bail and was kept outside on medical grounds. Sentencing proceedings will resume on 7 March 2025
For enquiries:
Teboho Thejane
Departmental Spokesperson
Cell: 082 697 0694
Email: Teboho.Thejane@labour.gov.za
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