Magistrate expresses frustration as bail hearing of seven Chinese nationals arrested for alleged human trafficking and violation of labour laws drags on
The Magistrate presiding in the long-drawn matter of seven Chinese nationals arrested last November for alleged human trafficking and violation of South Africa’s labour laws this week (08 June), expressed his frustrations in the Johannesburg Magistrates Court of the delays in finalising the bail hearing.
Magistrate Basimane Molwana said he was not impressed of the continued delays.
The matter was on Monday postponed again after the Prosecutor Advocate Dube was reported ill and could not attend Court.
“I do not want to be delaying justice. We cannot be dragging the matter any longer. No man is bigger than the Court. My hands are tied and I cannot proceed in the matter,” said Molwana.
The seven accused in the matter - Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian – have since November after their arrest been applying for bail.
The accused were on 20 March 2020 denied the initial bail in the long-drawn hearing. Subsequently, he 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 dismissed the submission by defence of a second bail attempt as the “reshuffling of old arguments as new facts”.
Magistrate Molwana ruled that while COVID-19 was not a new ground to lodge bail on new facts, the lockdown is a new ground to apply for bail.
The Chinese nationals 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, 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.
Attorney representing the accused Jan Kruger told the Court that defence was ready to proceed. He also told the Court that the accused had also not been served with an indictment.
The accused have been remanded in custody. They are now expected to appear on 15 June 2020.
For more information contact:
Teboho Thejane
Cell: 082 697 0694
