By Selaki Ledwaba and Lehlohonolo Lehana.
The High Court in Johannesburg has sentenced seven Chinese nationals for 20 years in prison each for trafficking people from Malawi and forcing them to work at a factory in South Africa.
The group – Kevin Tsao, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian – were found guilty on 158 of the 160 counts for which they were charged.
These include helping illegal immigrants remain in South Africa and violating the country’s labour laws by failing to register their operations and and keep a record of their earnings among others.
They were arrested after police received a tip-off about an illegal factory employing foreign nationals, prompting them to conduct a raid.
It later emerged that employees were forced to work 11-hour shifts, seven days a week, without proper training or safety equipment.
According to South Africa’s labour laws, employees cannot work more than nine hours a day and are generally entitled to a “weekly rest period of at least 36 consecutive hours” that includes Sunday, unless a different agreement is reached
During the blitz at the accused’s Beautiful City factory, 91 Malawian nationals were found. Thirty-seven were children.
According to police reports, the victims were confined to the premises under inhumane conditions, with armed guards controlling their movements.
The court recounted the testimonies of some of the victims, including one who lost a finger after being denied medical treatment.
Human trafficking is a major concern in South Africa, with the country regarded as a “source, transit and destination”, according to the government.
The National Prosecuting Authority in Gauteng’s Phindi Mjonodwane welcomed the sentencing, saying it was encouraging that courts are imposing more stringent sentences for human trafficking.
Mjonodwane added that the victims were forced to work 11-hour shifts, seven days a week, without proper training or safety equipment.
“As the NPA, we welcome this sentence. It will go a long way in bolstering our fight against human trafficking. It is also one that underscores the need for continued collaboration, and we know that in this matter, we’ve worked with the Hawks, we’ve worked with Home Affairs, various departments, including the Department of Labour, hence this successful prosecution, “she said.
The Department of Labour, which was part of the raid in 2019, also welcomed the sentence handed down as it urged for greater collaboration between government departments to “root out all these issues”.