A Chinese national who operates a factory manufacturing medical masks was granted R20 000 bail after allegedly forcing his employees to live at his Umhlanga factory while continuing to work.
He Ming, 53, a father of two, briefly appeared in the Durban Magistrate’s Court on Monday. He was charged with contravening the basic employment conditions by forcing labour, failing to maintain a safe working environment and failing to lock down a non-essential business.
His business is registered as a fragrance company.
His bail was unopposed but the State, represented by prosecutor Herman Mouton, said Ming would have to adhere to strict conditions.
The court agreed that Ming would be prohibited from manufacturing any essential goods or providing any essential service unless he complied with legislative specifications and licences.
Ming was arrested during an inspection by the KZN Department of Economic Development over the weekend. It was allegedly discovered that he had been holding at least 12 of his employees at the factory and forced them to work.
Speaking on his behalf during court proceedings, the businessman’s lawyer claimed he had not made a profit from the masks.
“He manufactured and donated 200 000 units of masks to government.”
Many reports of forced labour
This would be contested during further court proceedings.
On Monday, Economic Development, Tourism and Environmental Affairs MEC Nomusa Dube-Ncube said they were receiving many reports of companies forcing factory employees to work.
“It is disturbing to learn about workers who are forced to work in groups of more than 300 in unhygienic conditions. This is despite the fact that they are not performing essential services as stipulated by the Department of Trade, Industry and Competition.”
Dube-Ncube said companies allegedly issued fraudulent permits to work.
She added: “It is important for the business community to be alive to the reality that the coronavirus has already placed a strain on the national and provincial fiscus. Workers remain our special resource that we must protect in order to ensure that – post-coronavirus period – we revive our economy.
News24 on Sunday reported that the MEC commended inspectors from the department’s Consumer Protection Unit.
They were investigating complaints of violations of consumer rights and price hikes. She said the workers were subjected to “inhumane conditions”.
It is alleged that Ming kept workers locked in the factory and forced them to manufacture hundreds of masks to meet the demand caused by the novel coronavirus outbreak.
Dube-Ncube said her department received several complaints from members of the public that the mask company was disregarding the laws of the country.
“The owner of the factory has been arrested and inspectors from the Department of Employment and Labour are conducting an investigation. This is in relation to the violation of the [Basic] Conditions of Employment; and Occupational and Safety Act,” News24 reported her saying.
SOURCE: NEWS24
