The seven Chinese nationals standing trial for human trafficking and child labour have been found guilty on 160 counts in the Gauteng South Division Court in Johannesburg.
Judge David Mhango said it was common course that the accused were in charge of Beautiful City and managing its operations; that the factory employed foreign nationals - mainly Malawians; that a number of employees sustained injuries during operations of Beautiful City and that the Malawians were illegal in South Africa.
He further said employees at the factory worked from Monday to Sunday and the company paid wages below the National Minimum Wage (NMW) which is a statutory requirement in the country.
Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian were facing schedule six offences.
The Chinese nationals were found guilty on not registering with the Compensation Fund and declaring their operations; failure to keep records of their earnings; failure to submit their return on earnings; failure to pay and declare assessments; failure to maintain a safe workplace; failure to report incidents; failure to register and declare with the Unemployment Insurance Fund Commissioner; failure to inform the Commissioner on Unemployment Insurance changes; guilty of human trafficking; aiding/facilitating human trafficking; bondage; benefiting from victims of human trafficking and assisting illegal persons to remain in South Africa.
The Chinese nationals were arrested on 12 November 2019 in a joint operation carried out at their premises Beautiful City Pty Ltd based at Village Deep in Johannesburg.
They were arrested during the joint inspection blitz 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.
The factory produced cotton fibre sheets.
“The joint operation uncovered illegal immigrants some of whom were minors working under horror conditions and kept in the locked premises of Beautiful City,” said the Department of Employment of Labour.
the department's Gauteng Provincial Chief Inspector, Advocate Michael Msiza said the judgment was a landmark ruling for labour laws.
He said the judgment sent a strong message to those that continue to employ illegal immigrants, that illegality will not be tolerated.
All the accused were remanded in custody except for number six, Dai Junying who is still out on bail and was kept outside on medical grounds.
Sentencing proceedings will resume on 7 March 2025. – SAnews.gov.za
