The Johannesburg High Court has reserved judgment in the case of seven Chinese nationals charged with human trafficking and child labour.
The accused are Kevin Tsao Shu-Uei, Chen Hui, Qin Li, Jiaqing Zhou, Ma Biao, Dai Junying and Zhang Zhilian.
In a brief appearance on Thursday, the state and defence presented their heads of argument, providing a summary of their positions.
State has overwhelming evidenceÂ
Prosecutor Adv Valencia Dube said the trial has seen overwhelming evidence against the accused. This in particular regarding the activities at the Chinese-owned Beautiful City factory in Village Deep, Johannesburg.
Dube argued that there was no dispute that the first accused, who was the manager of the factory, and the other co-accused, were employers.
She explained that the accused had worked together to exploit vulnerable Malawian nationals. They knowingly hired them without proper documentation and subjected them to poor working conditions.
Dube also highlighted violations of immigration and labour laws. These include paying workers below the national minimum wage. And failing to comply with basic health and safety regulations.
She told the court that the evidence brought forth was clear enough to find the accused guilty.
Defence disputes the human trafficking charge
However, defence lawyer Johan Kruger disputed the procedural aspects of the case. He argued that the multi-departmental inspection team had already decided to create a human trafficking case against the Chinese.
Kruger claiming that there was an eighth accused, being Beautiful City, the company itself.
He suggested that the state had not followed proper procedure, arguing that there should have been an arrest. The arrest was to be followed by a warning and the issuing of summons.
Kruger also claimed that the state erred on the claims that Malawian nationals were trafficked. They had come to South Africa of their own accord and were not victims of trafficking.
The accused were arrested in November 2019 and have been on trial from the same year.
Up on several charges
They are facing several charges, including human trafficking and contravening the Immigration Act. Also kidnapping debt bondage, and violations related to employment and labour laws.
The Department of Employment and Labour’s Inspection and Enforcement Service carried out the operations, along with the South African Police Service, the Hawks and the Department of Home Affairs.Â
The Department of Employment and Labour confirmed that five accused are currently out on bail. Two of the accused remain in custody for violating their bail conditions in an attempt to leave South Africa.
Teboho Thejane, departmental spokesperson, said during the operation, law enforcement officers uncovered undocumented immigrants. Some of them were minors working under unhealthy and unsafe conditions. They were kept locked up in the factory, which produced cotton fibre sheets.Â
