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A Malawian national testified in the Johannesburg High Court yesterday (May 12) of how he was once assaulted with fisticuffs by his employers and even witnessed a fellow Malawian being assaulted with a broom.

He was testifying in the trial involving seven Chinese nationals arrested in 2019 and are accused of human trafficking and child labour and a myriad of other labour law and human rights violations.

Ndika Matola (18) testified that he arrived in South Africa in 2017 as a 14-year-old as a result of poverty back home.  He testified that he paid R2,400 to a taxi driver known as “the transporter" to travel to South Africa. He said because at the time he had no passport “the transporter" took care of everything at the border post until he landed at a friend's place in Benoni.

He told the Court that a friend helped him find employment in Benoni at a factory owned by accused number two (Chen Hui), which was manufacturing fibre. He said his task was to cut material using a machine. He said he was trained by other fellow Malawians who were working at the factory on how to operate the machine. He was earning R80-a-day, doing a 7pm-7am shift.

The defence Counsel J. Kruger had earlier objected to the accused being asked his date of birth, arguing that it was difficult to estimate the age of the witness. He said evidence by the witness should be treated as hearsay.

The accused are facing schedule six offences which relate to contravention of SA's labour laws, prevention and combating of trafficking in persons, contravention of Immigration Act, knowingly employing illegal foreigners, kidnapping, pointing a firearm, debt bondage, benefitting from the services of a victim of trafficking, conduct that facilitates trafficking, illegally assisting person(s) to remain in South Africa, and failure to comply with duties of an employer.

The accused have pleaded not guilty to all the charges.  Matola outlined that at Beautiful City assaults and insults were a common feature and claimed he was once assaulted with fisticuffs and also witnessed a fellow Malawian being assaulted with a broom. He said workers at the factory were not allowed to leave the premises and had to use a shop inside the yard. Those without cash were extended credit at inflated prices, he said.

He said workers were denied ablution facilities and only allowed during breaks. He said going to the toilet during working hours one risked having R20 deducted from the pay and phones and radio were not allowed and if those were found in workers' possession were destroyed. 

The accused are: Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. They are out on a bail, except for accused number seven Zhang Zhilian who is now held in custody because on 24 February 2021 violated her bail conditions by trying to flee the country. She was arrested at the OR Tambo International Airport.

The trial continues today (May 13) for further State evidence. 

Media enquiries:

Musa Zondi

Acting Departmental Spokesperson

“Please continue adhering to the lockdown regulations. Wash hands or sanitise your hands regularly and wear your mask at all times."

-ENDS-

Issued by: Department of Employment and Labour

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