7 Chinese Nationals Face Sentencing for human trafficking and labour law violations in South Africa are set to be sentenced on April 29. The Gauteng High Court in Johannesburg found the defendants guilty of kidnapping and forcing 91 Malawian nationals to work under inhumane conditions at a local factory.
Chinese Human Trafficking Case: Guilty Verdict on 158 Charges
The court ruled against the accused—Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian—finding them guilty on 158 out of 160 charges. These charges include human trafficking, immigration offences, and severe labour law violations.
During their latest court appearance, one of the defendants was seen in a wheelchair. Defence attorney Johan Kruger requested the relaxation of bail conditions for accused number six, Dai Junying, citing difficulties in meeting daily reporting requirements due to health issues. However, the prosecution maintained that she must continue reporting to the Cleveland police station as per her bail terms.
Gauteng High Court’s Findings on Chinese Human Trafficking Case
Judge J Mhango, presiding over the case, highlighted the extent of the exploitation at Beautiful City Pty Ltd, the factory managed by the accused. The factory employed Malawians who were in South Africa illegally, working in hazardous conditions for wages far below the National Minimum Wage. Employees were forced to work seven days a week, violating multiple South African labour laws.
The court found that the accused failed to register the business with the Compensation Fund, did not maintain proper employment records, and neglected to report workplace injuries. These violations were compounded by their role in aiding and benefiting from human trafficking.
Multiple Labour and Human Rights Violations
The Chinese nationals were convicted of a series of labour and human rights offences, including:
- Failing to register with the Unemployment Insurance Fund (UIF).
- Not declaring workplace injuries and maintaining unsafe working conditions.
- Neglecting to report incidents of labour law breaches.
- Assisting illegal immigrants to remain in South Africa.
- Engaging in bondage and forced labour.
The most severe convictions involve human trafficking, aiding and facilitating trafficking, and benefiting from trafficking victims.
Chinese Nationals Arrested in Human Trafficking and Child Labour Raid
The defendants were arrested on November 12, 2019, following a joint operation led by the Department of Employment and Labour, the South African Police Service’s Hawks Unit, and the Department of Home Affairs. Authorities raided Beautiful City Pty Ltd, located in Village Deep, Johannesburg, uncovering a horrific human trafficking and child labour ring.
According to officials, many of the 91 Malawian workers found at the factory were minors. They were subjected to inhumane working conditions and locked inside the premises. Investigations revealed that the factory specialized in the production of cotton fibre sheets.
Court Proceedings and Media Coverage
The case has received widespread media attention, with the defence attempting to block live coverage of the sentencing hearings. Attorney Johan Kruger argued that televising the proceedings could infringe on the defendants’ rights, requesting that they be allowed to contact the Chinese embassy for legal support.
However, prosecutor Valencia Dube emphasized that the case is of significant public interest. She pointed out that a precedent for media coverage had already been set when the bail hearing was broadcast live.
Significance of the Verdict in South Africa’s Labour Laws
The landmark ruling is expected to set a precedent for labour law enforcement in South Africa. Gauteng Provincial Chief Inspector for the Department of Employment and Labour, Advocate Michael Msiza, stated that the judgment serves as a strong warning against illegal labour practices and human trafficking.
“This verdict sends a message that those employing illegal immigrants and violating labour laws will face severe legal consequences,” the department stated.
Sentencing and Next Steps
While six of the convicted Chinese nationals remain in custody, accused number six, Dai Junying, is still out on bail for medical reasons. The final sentencing is scheduled for April 29, 2025. The ruling is expected to include lengthy prison terms and significant financial penalties.
The case remains one of the most significant human trafficking trials in South African history, drawing attention to the exploitation of migrant workers and the urgent need for labour law enforcement. Authorities have assured the public that efforts to combat human trafficking and forced labour will continue.
