Workers were forced to work 7 days a week at R65 a day – trial of Chinese nationals accused of human trafficking and child labour
A witness in the trial of seven Chinese nationals facing human trafficking and child labour charges has testified that workers at the Chinese factory were paid a salary of R65 a day and were expected to work seven days a week.
Maxwell Kamanga told the Johannesburg High Court that workers who exercised the “option” of not working on weekends faced the penalty of having R40 deducted from their salaries on a Monday and Tuesday of the new starting week.
Kamanga was testifying in the trial of Chinese nationals arrested in November 2019 for alleged human trafficking and violation of the country’s labour laws.
The seven Chinese nationals accused in the matter are: Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian.
Six of the accused are out on a bail. Accused number seven Zhang Zhilian is now held in custody because on 24 February 2021 she tried to flee the country. She was arrested at the OR Tambo International Airport.
Attorney representing the accused J. Kruger dismissed Kamanga’s testimony as a “figment of your imagination”. He accused Kamanga of having been coached to testify, and babbling as he sought to weave his way out of trouble.
The accused are facing schedule six offences. They are charged with 160 counts of crime. These relate to contravention of the Compensation for Occupational Injuries and Diseases Act (COIDA), Occupational Health and Safety (OHS) Act, Unemployment Insurance Act, Unemployment Contributions Act, Prevention and Combating of Trafficking in Persons Act, kidnapping, contravention of Immigration Act, knowingly employing illegal foreigners, human trafficking, 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.
The Department of Employment and Labour is involved in the matter to press for the prosecution of the accused for violating South Africa’s labour laws.
The accused this week pleaded not guilty to all the charges.
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 in a joint operation by the Department’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 and it was alleged that these workers were transported to South Africa using containers allegedly by a middleman known as “the transporter” who is still on the run.
The factory was 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 hazardous working conditions without adhering to occupational health and safety Act.
Kruger said six of the seven Chinese nationals were working in the factory as workers. He said the Malawians working at the factory did so voluntarily.
In his testimony Kamanga said all the Chinese “were my bosses issuing instructions”. He said: “The Chinese resided in their own premises could leave and enter the premises as and when they like”. He said if he had a choice he would have left long before he and other Malawians were rescued by the police.
The trial continues tomorrow (30 April).
Media enquiries:
Musa Zondi
Acting Departmental Spokesperson
Cell: 067 426 4190
