Seven Chinese nationals deny trafficking, say Malawian workers came to SA ‘willingly’
The trial has been postponed to next year.
Chinese nationals appear at the Johannesburg High Court, 28 April 2021, on charges of human trafficking of illegal immigrants into South Africa and subjecting them to forced labour and violating labour laws. Picture: Nigel Sibanda
Half a decade later, the prolonged trial of seven Chinese nationals charged with human trafficking and child labour drags on, with the Gauteng Division of the Johannesburg High Court announcing that judgment is expected early next year.
On Thursday, the state and defence presented their final arguments in the case, which began in 2019.
The seven Chinese nationals on trial are Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying,and Zhang Zhilian.
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They are facing multiple schedule six offences, including human trafficking, immigration law violations, kidnapping and labour exploitation.
Chinese huma trafficking case arguments
Prosecutor Advocate Valencia Dube argued that the courts put the accused behind bars.
She stated emphatically that there was “overwhelming evidence before the court on the goings at the Chinese Beautiful City factory to find the accused guilty.”
Defence lawyer J. Kruger countered by claiming the State was “throwing its net wide to try and catch every little fish into the net”.
Kruger accused the multi-departmental inspection blitz team of having “a predetermined intention to build a human trafficking case against the Chinese.”
Dube argued that the accused exploited Malawian workers, “knowingly that they were vulnerable.”
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Moreover, she highlighted that the accused violated immigration and labour laws by “hiring people without papers, not adhering to basic conditions of employment, not adhering to health and safety and paying wages below national minimum wage.”
Kruger challenged the prosecution’s approach, pointing out that the eighth accused – Beautiful City (the company) – was missing from court.
“I am not here to assist the state on its case. There is a regularity here and the state must rectify,” he said.
He further argued that the Malawian workers “came to South Africa on their own volition and were not trafficked.”
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Chinese human trafficking case background
The defendants were arrested on 12 November 2019 during a joint operation at their company, Beautiful City Pty Ltd, located in Village Deep, Johannesburg.
The operation involved the Department of Employment and Labour, SAPS/Hawks Unit and the Department of Home Affairs.
Currently, five of the accused are out on bail, while two remain in custody for attempting to skip the country.
Judgment in the trial is set for 30 January 2025.
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