The high court in Johannesburg has sentenced seven Chinese nationals to an effective 20 years in prison after they were found guilty of a raft of charges related to running a factory that treated its staff inhumanely.
Their company, Beautiful City, was fined R300,000.
The case stems from a 2019 government inspection of the factory in Village Deep, which produced cotton sheets. The staff were found to be illegal immigrants, mostly Malawians, who were subjected to “horrific” working conditions. Some of the workers were about 15 years old.
Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying and Zhang Zhilian were convicted on 160 charges in February this year.
They were found guilty of human trafficking; aiding/facilitating human trafficking; bondage; benefiting from victims of human trafficking; assisting illegals to remain in SA; 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; and a host of labour law infringements.
In his ruling on Wednesday, judge David Mhango said human trafficking, kidnapping and bonded labour were among the gravest crimes a court could deal with.
“Members of the community are entitled to expect the courts to impose appropriate sentences when it comes to this type of crime,” he said.
He described how the victims were held against their will in squalid conditions.
“They were forced to work very long hours without any weekends off. When they fell sick, they were forced to buy medication from a tuck shop on the premises, with no sick leave.
“Some of them had their limbs cut off by machinery and one lost his sight.”
The judge said when workers complained, accused number one threatened them with a firearm.
Though he acknowledged that the accused were largely acting under the instructions of a man known as Mr Chen, who has not been arrested, judge Mhango said the aggravating circumstances outweighed any mitigation.
“In serious crimes such as human trafficking, kidnapping and contravention of the labour laws, the elements of deterrence and retribution come to the fore, and the personal circumstances of the accused play a relatively smaller role.”
The sentencing was attended by deputy minister of employment & labour Ntuthuko Mbongeni Jomo Sibiya and National Prosecuting Authority spokesperson Phindi Mjonondwane, who both highlighted the importance of holding perpetrators accountable.
Sibiya emphasised the importance of upholding labour laws and the commitment to ending the culture of impunity in the country.
“The era of impunity is over. Today marks a significant victory for the department of employment & labour, as we have shown that disregarding our laws will lead to serious consequences, including jail time,” Sibiya said.
“This groundbreaking case sends a clear message to anyone attempting to exploit our country and its workers: those days are done. We are committed to rooting out illegal practices and ensuring that all government departments work collaboratively to protect our citizens and uphold the law.”
There was high drama inside the courtroom when the daughter of accused number six, Dai Junying, broke down after the sentence was handed down.
The daughter, who goes by the name Nancy, shouted at journalists and court officials, insisting that her mother was being unfairly jailed while the real masterminds were still at large.
Waving a photo of a man she claimed was the true boss, Nancy told the media the owner is in Johannesburg.
“They were going to be killed by this boss so they kept silent. Everyone is lying, even the judge didn’t know anything. There are four bosses and at least two are in this country. Bringing my mother to prison? She’s going to die, she just had a stroke,” Nancy said.
Nancy claimed they had no time to collect a medical certificate as they are poor and barely getting by.
“My mother just started working for this firm three months before. She was an accountant for them, she didn’t know anything, yet she is going to jail,” Nancy said.
The mother had been out on bail for health reasons during the trial, while the rest were held in custody since their arrest in November 2019.
Judge Mhango imposed multiple sentences across the various counts, with the longest being 20 years for human trafficking. He ordered that the sentences would run concurrently, leaving the seven with an effective two decades behind bars. Mhango also declared them unfit to possess firearms.
The NPA welcomed the outcome, saying it sends a clear message that SA will not tolerate organised exploitation of vulnerable people.
TimesLIVE
