Defence dismiss “new facts” into second bid for bail in the matter of seven Chinese nationals arrested for alleged human tr
20 May 2020

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The State in the second attempt for a bail in the matter of seven Chinese nationals arrested last November for alleged human trafficking and violation of South Africa’s labour laws has dismissed the submission by defence as the “reshuffling of old arguments as new facts”.

The Prosecutors in the matter Advocate Dube told the Johannesburg Magistrates Court today (May 20) that none of the arguments submitted by the defence amount to new facts. 

The accused represented by Jan Kruger told the Court that among others: the State had failed to provide the accused with an indictment; had the accused kept in custody unnecessarily; Covid-19 and the lockdown had delayed their hearing; the accused were being prejudiced by delays; were being denied the right to earn a living; their Constitutional rights were being violated; were denied the right of access to a legal representation; that conditions in prison were inhumane due to overcrowding; that the accused were concerned about their health as they were not provided with personal protective equipment; and were denied right to exercise to keep fit. 

Kruger argued that the coming into effect of a lockdown as a result of COVID-19 had brought about drastic changes to developments in the world. He said bail procedures had in recent weeks bail been relaxed. He said the Court had to exercise fairness and recognise that justice delayed was justice denied. He also argued that Correctional Services was also in the process of releasing 19 000 prisoners.  

Advocate Dube argued that the accused do not meet the criteria set by the Department of Correctional Services and therefore do not qualify for bail. Dube reiterated that the new facts by defence was a mere reshuffling of evidence submitted in the initial bail hearing. 

On 20 March 2020 the seven accused were denied bail in the long-drawn hearing. The defence decided to lodge a second bail attempts on new facts.

The seven accused are: Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian.
  
The Chinese nationals 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 nationals - 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), 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 into South Africa and subjecting them to forced labour.
 
During the 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 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.  
 
Magistrate Basimane Molwana will deliver a ruling on the bail on new facts on 25 May 2020. Magistrate Molwana has remanded the accused in custody. 

For more information contact:
Teboho Thejane
Departmental Spokesperson
082 697 0694

“Stay safe, wash your hands, use mask and keep social/physical distancing”.
-ENDS-

Issued by: Department of Employment and Labour


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