Bail application of seven Chinese nationals busted for alleged human trafficking and violation of labour laws begins

Banner of the National Department of Labour together with the South African flag

11 December 2019

The bail application in the matter of seven Chinese nationals who were busted recently for operating a factory allegedly involved in the trafficking of illegal immigrants and subjecting them to forced labour started today in the Johannesburg Magistrates Court.

The accused in the matter are: Kevin Tsao (naturalised South African), Chen Hui, Qin Li, Jiaqing Zhou, Zhang Zhilian, Ma Biao, and Dai Junying.

The four males and three females were arrested on November 12 in a joint operation by the Department of Employment and Labour’s Inspection and Enforcement Services (IES) branch in Gauteng together with the South African Police Services (SAPS), Home Affairs and the Hawks Unit. The arrests followed a tip-off that the Chinese nationals were allegedly involved in the trafficking of illegal immigrants and subjecting them to forced labour.

The accused were arrested following a Department’s joint operation with SAPS and Hawks at the premises of a company called Beautiful City Pty Ltd located at Village Deep in Johannesburg. During the raid minor children were found to be employed at the factory, and that the employer was violating the suite of labour legislation ranging from National Minimum Wage (NMW), Occupational Health and Safety (OHS) Act, the Basic Conditions of Employment Act (BCEA), the Compensation for Occupational Injuries and Diseases Act (Coida), the Unemployment Insurance Act (UI Act) and Unemployment Insurance Contributions Act (UICA).

In an affidavit submitted by the SAPS/Hawks in Court, the authorities intend to charge the accused with schedule offence(s). The accused will face charges of human trafficking, debt bondage, kidnapping and pointing of a firearm.

It emerged in Court today that of the 91 Malawian nationals employed in the factory who were found during the raid, 37 of them were children. The Court also heard that the Malawians working in the factory were transported to South Africa through containers.

Also contained in the affidavit submitted by the SAPS/Hawks was that:

• All foreigners found at the premises had no documentation to be in South Africa

• Workers were threatened with firearms and kept in the premises against their will

• Workers were kept behind high walls

• Workers earning R6,50 per hour, which was below the National Minimum Wage, not contributing to the Unemployment Insurance Fund and Compensation for Occupational Injuries and Diseases fund, and the premises were not complying to Occupational Health and Safety

• Workers subjected to beatings and had no access to ablution facilities

Accused number one (Tsao) has been accused of lying under oath in his affidavit for claiming that he owned no pistol. It has since emerged that he applied for a legal firearm which was issued in 2018.

The defence in the matter of seven Chinese nationals represented by Jan Christophe Kruger from David H Botha, Du Plessis & Kruger Incorporated submitted the affidavits of the accused in which they argue among other reason to be granted bail application that they were not flight risks, will abide with bail conditions, were subjected to unusual diet, and appalling prison conditions.

The bail hearing continues tomorrow (12 December).

For more information:

Adv. Michael Msiza

Provincial Chief Inspector: Gauteng Province

082 900 8131

-ENDS-

Issued by: Department of Employment and Labour