Government agencies applaud 20-year sentences for human trafficking ring

Seven Chinese nationals were sentenced for human trafficking and other charges, a result welcomed by the Justice and Constitutional Development and Employment and Labour Ministries, National Prosecuting Authority (NPA), and Directorate for Priority Crime Investigation (DPCI).

The accused, Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying, and Zhang Zhilian, along with their company Beautiful City, faced 160 charges. 

A tip-off led to their arrest at a business suspected of harbouring an illegal immigrant. This prompted a DPCI investigation by Warrant Officer Lulama Kona, revealing that on November 12, 2019, officers raided the Beautiful City factory in Ekurhuleni.

Over a hundred enslaved employees were discovered, underpaid, and living in appalling conditions. Evidence showed they were smuggled into South Africa without documentation via trucks, then placed in various factories in Croesus, Boksburg, and Benoni before being moved to Beautiful City.

Senior State Advocate Valencia Dube argued for a harsh sentence, emphasising that human trafficking is a national scourge with economic consequences, contributing to the country’s grey listing and unemployment due to the accused hiring Malawians at lower wages.

Acting Judge David Mhango emphasised the gravity of the offences and said that human trafficking, kidnapping, and bonded labour were among the gravest crimes a court could deal with.

They were sentenced in the High Court of South Africa, Gauteng Division in Johannesburg, for breaking South African labour laws (failure to register the business, maintain financial records, and ensure safe working conditions) and trafficking 98 Malawians, among them three minors (the youngest aged 14), for labour exploitation in Ekurhuleni. 

They were each sentenced to 20 years in prison for human trafficking, 10 years for kidnapping, and an additional 22 years for various other offences of contravention of labour laws. The accused were also handed an extra three-year sentence for facilitating the factory’s finances.

Since the accused were not the business owners, the court deviated from the prescribed minimum sentence, further ruling that the sentences for the additional charges will run concurrently with the 20-year human trafficking sentence, resulting in an effective prison term of 20 years for each of the accused. The company, Beautiful City, was ordered to pay a fine of R300,000.

Justice and Constitutional Development Minister Mmamoloko Kubayi said: “Justice has prevailed in the fight against human trafficking. We want to congratulate the National Prosecuting Authority and the South African Police Service for their excellent work in the relentless pursuit of justice. Their collaboration has once again demonstrated the power of coordinated law enforcement in dismantling human trafficking networks.” 

Justice and Constitutional Development Deputy Minister Andries Nel highlighted the significant contributions of the National Intersectoral Committee on Trafficking in Persons in South Africa. 

“Trafficking in persons is a brutal form of modern-day slavery. Human beings are not commodities. Strong sentences in trafficking cases are effective in deterring perpetrators and signalling that exploitation will be met with serious consequences,” Nel said.

Employment and Labour Minister Nomakhosazana Meth lauded government departments and law enforcement, led by the Department of Employment and Labour’s (DEL) Inspections, Enforcement Services Branch, for their excellent work in this operation.

“Government collaboration has indeed delivered a positive outcome. This sends a strong message to those who think they can continue with exploitative practices and fail to comply with labour laws,” Meth said. 

Employment and Labour Deputy Minister Jomo Sibiya, who leads the DEL’s Inspections and Enforcements, was pleased that the law has taken a strong stance against human trafficking and child exploitation.

“We have been following this case very closely. This is a ground-breaking victory because matters that involve labour laws will now be taken seriously. People will know that if you disregard labour laws, you might find yourself going straight to jail because the era of impunity has ended,” Sibiya said.

“The NPA and DPCI welcome the sentence as the accused blatantly disregarded the rule of law. They came to South Africa to commit crimes by exploiting vulnerable people who were sold false promises of employment. Human trafficking remains a scourge, and as law enforcement, we are committed to dismantling and eradicating this criminal network,” the NPA and DPCI said in a joint statement. 

thobeka.ngema@inl.co.za