The State said the seven Chinese nationals found guilty of human trafficking and child labour had total disregard for South Africa's laws and will now have to serve their time in prison as an appropriate punishment.

Presenting her heads of argument, Prosecutor, Advocate Valencia Dube said giving the accused a prison sentence was for their protection. She said the accused had preyed on their victims because these were illegal immigrants (mostly Malawians and Zimbabweans) in the country.

“The State must send a clear message that employing someone illegally in the country and further exploiting the person is illegal. The accused before the Court were furthering the interests of the “employer" (Mr Chang), said to be in China. The accused also cannot plead ignorance of the law as their defence. To date, the accused have also failed to pay a cent of the more than R600 000 debt incurred before their arrest in 2019 by not declaring their annual assessment for the Unemployment Insurance Fund, the Compensation for Occupational Injuries and Diseases Act, and also paid below the statutory national minimum wage.

“We are here to protect the interests of the country. The Court should send a strong message of deterrence to other would-be offenders who think that it is business as usual in South Africa. A message has to be sent that it is not business as usual in SA," said Dube.

She lamented the trafficking of the victims, saying human trafficking was a horrific crime that was spreading at an alarming rate in the country. Dube said the accused have demonstrated no remorse at all for their actions. She said instead of disproving the charges against them, six of the accused chose not to take a stand and also pleaded not guilty.

According to Dube, the accused entered South Africa on holiday and retirement visas. She said Beautiful City Ltd should be banned from ever operating in the country.

Dube was submitting her “heads" before the Gauteng South Division of the High Court in Johannesburg in the trial of seven Chinese nationals.

The seven Chinese nationals appearing in the matter are: 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.

The Chinese nationals were found guilty of violating South Africa's labour laws, like the UIF, COIDA, National Minimum Wage, and Occupational Health and Safety, among others. Other charges included guilt of 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.

Counsel representing the accused, Zweli Zakhe, in his “heads" said the accused should be treated as first-time offenders. Zakhe said sentencing should be exercised judiciously and not likened to an act of revenge to impress the community, but “should serve the interests of justice". He argued that the accused could still be rehabilitated if handed a lighter sentence as he appealed for mercy from the Court.

Zakhe said the Court should consider the role of each individual and their culpability in the committing of the crime, as some had played a trivial role. He further argued that the accused were employees at Beautiful City and that a “Mr Chang" was the real owner – “a real culprit who has not been caught". He said whatever sentence was imposed on the accused should not be done in anger.

Employment and Labour Deputy Minister, Jomo Sibiya, said that the “unprecedented" trial had entered its final stretch and was a groundbreaking moment. Sibiya said there were still a number of employers who continue to disregard the country's labour laws. He said the trial will send a clear message that the justice system is working.

The matter has been adjourned and will proceed on 10 September 2025 for sentencing. The accused were remanded in custody, except for accused number six (Dai Junying), who is out on medical grounds.

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

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