Judgement in the bail hearing of seven Chinese nationals arrested for alleged human trafficking and violation of labour law

Verdict in the long-drawn bail hearing of the seven Chinese nationals who were arrested last year for alleged human trafficking and violation of South Africa’s labour laws will be made after two weeks.

Magistrate Basimane Molwana said yesterday (03 March) that bail by its nature was urgent, however in the matter before the Court it was not urgent because of the complex nature of the case. Molwana said the Court had sat for eight times to hear the matter and now needed decent time to apply itself. He said it was not an easy journey presiding over the matter.

The Magistrate was speaking during the bail hearing of seven Chinese nationals in which the Court was presiding over during the submission of heads of arguments. The accused are: Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian. The seven Chinese nationals were operating a factory 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 and subjecting them to forced labour.

During the blitz 91 Malawian nationals were found in the factory, 37 of them were children. The Court has since 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.

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

It emerged in Court yesterday from Prosecutor, Advocate Dube that the Department of Home Affairs was in the process of serving papers to the six of the accused cancelling their visas.

In his argument lawyer representing the accused Jan Kruger said the application for a bail is not a game, but served to ensure justice was served. Kruger said the accused entered South Africa legally with papers. He said the interests of justice will be served if the accused are granted bail with conditions attached to attend trial.

The State has given us a big piece of meat to chew, by tainting everyone with the same brush. He further argued that exceptional circumstances exist for the accused to be granted bail. He said the accused were not a flight risk.

Kruger said it was inconceivable in his wildest dreams that the Malawian nationals were allegedly kidnapped and brought to work in South Africa. Kruger said the decision by Department of Home Affairs to withdraw the visa applications of the accused was a one-sided process. He said both parties needed to be heard.

A witness representing the Department of Home Affairs, Regan Kistan who is an Administrative Clerk with the Department testified in the Johannesburg Magistrate’s Court last month that the seven Chinese nationals had violated their visa applications.

The accused were found to have entered South Africa on various documents ranging from visitor’s visa to intra-company transfer permit and retirement visa.

Lawyer (Mr Louw) representing accused number seven said the move by Department of Home Affairs to cancel the documents of Chinese nationals would be challenged. He argued that the State does not have a strong case to prosecute the accused. He said the accused were not a flight risk considering also that China was afflicted with Coronavirus.

The Department of Employment and Labour has also submitted a statement requesting the additional charges – those of contravention of labour laws be added. The Department is demanding R7-million owed by the accused for violating the Compensation for Occupational Injuries and Diseases Act, contravening the Unemployment Insurance Act, the Unemployment Insurance Contribution Act, contravening the Occupational Health and Safety Act, the Basic Conditions of Employment Act and the National Minimum Wage Act.

The Prosecutor (Advocate Dube) said the State should consider all facts cumulatively before the Court in deciding whether to/or not to grant bail. She said the accused allegedly kept the victims (Malawians) under ‘lock and key’, brought the victims to South Africa without papers, and exploited them by paying them below the minimum wage. She further said there was glaring evidence that the accused do not own property in South Africa, had no relatives, there was little that tied them to South Africa, and could interfere with witnesses and all these factors made them a flight risk.

Magistrate Molwana will deliver judgment in the bail hearing at 11:30am on 20 March 2020. The accused have been remanded in custody.

Source: Department of Labour

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