The Gauteng South Division of the High Court in Johannesburg today (10 September) sentenced the seven Chinese nationals found guilty of human trafficking and child labour to at least 20 years each in prison.

In delivering the sentence, Judge D. Mhango said in deciding the appropriate sentence for the criminals, the Court had to consider the seriousness of the crime, the interests of society, and the personal circumstances of the accused. He said the Court had to strike a balance among opposing interests.

“Sentencing must be imposed with a measure of mercy," Mhango said. The Court also had to take into consideration that this must be done in consideration of deterrence, retribution, and rehabilitation. Mhango expressed concern about the seriousness of crimes of human trafficking, violation of labour laws, and immigration laws that have been committed. He said foreigners were lured into the country, kept in bondage and forced into buying from an in-house tuckshop at exorbitant prices, subjected to long working hours, and had no right to sick leave – and this is a situation that cannot be justified.

Mhango was speaking during the sentencing of Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. The accused were facing schedule six offences and were on 25 February 2025 found guilty on 158 of 160 Counts.

He said some of the foreign nationals were forced to operate machinery, which resulted in them losing their eyesight and limbs, and were threatened with a firearm; the Chinese factory also employed minors. Judge Mhango said that the accused claimed a “Mr Chang" owned the factory, but this does not absolve them from the crimes committed, as they acted in furtherance of the employers' interests. He said accused number six, who is now “wheelchair-bound" because of “reported stroke," had also failed to furnish the Court with a detailed medical report; instead, he chose to present a sick note. 

In terms of sentencing on Count 1-7 the accused were sentenced to one year imprisonment each; on Count 9-11 (1 year); Count 12-13 (1 year); Count 14-21 (2years); Count 22-68 (1 year); Count 69-79 relating to human trafficking (20 years); Count 80-90 (10 years); Count 91-101 (1 year); Count 102 (1 year); Count 103-113 (3 years) for accused number one; Count 114-125 (all 5 year imprisonment); Count 126-136 (five years imprisonment); Count 137-147 (five years imprisonment); Count 148-158 (two year imprisonment); Count 159 (two years imprisonment); and Beautiful City (Pty) Ltd the Chinese business entity was fined R300 000. The sentences will run concurrently for each of the convictions.

The Chinese nationals were found guilty of violating South Africa's labour laws - the Unemployment Insurance Fund, Compensation for Occupational Injuries and Diseases Act, National Minimum Wage, and Occupational Health and Safety, among others. Other charges included human trafficking, aiding/facilitating human trafficking, bondage, benefiting from victims of human trafficking, and assisting illegal immigrants to remain in South Africa.

The accused were arrested on 12 November 2019 in a joint operation carried out at their “ugly" enterprise - Beautiful City Pty Ltd, based at Village Deep in Johannesburg. The joint inspection blitz was 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, following a tip-off.

Employment and Labour Deputy Minister, Jomo Sibiya, commended the joint efforts of inter-government co-operation, which involved the Department, the police, and Home Affairs. Sibiya said the sentencing today was a taste of what will happen in the future to those who violate the laws of the country.

Goodgall Attorneys lawyer, Jacobeth Goodgall, said the defence will be considering various options going forward, including appealing the sentence.

Hawks Investigative Officer, Lulama Kona, said that through co-operation, crime can be defeated.

For media enquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour

​ 

​​​