Durban - The employer who allegedly forced 14 employees to work during the lockdown to produce masks has been granted R20 000 bail by the Durban Magistrates Court on Monday.
Ming Lai He, the owner of Chen Lu factory situated in Glen Anil, Durban was arrested on Sunday after inspectors from the KZN Department of Economic Development, Tourism and Environmental Affairs’ Consumer Protection Unit were tipped off that he was allegedly forcing the workers to work despite his factory not producing essential goods.
He allegedly forced the employees from KwaMashu, Umlazi and Ntuzuma to work overtime and sleep at premises in order to produce masks urgently needed for the Covid-19 crisis.
Lai He was arrested and the workers released and later paid for the work they have done.
A statement issued by the Consulate General of the People's Republic of China in Durban, said "first of all, would like to express its full solidarity to the KwaZulu Natal Provincial Government of South Africa and its people, and wish them a sooner victory against the virus. We have been providing support and will continue doing so to our best."
"It is learned that the referred factory located in Glen Anil, Durban was specially set up to help KZN people's fighting against the virus last week. The company, which has provided over 200 jobs in its other businesses across KZN and South Africa, commits itself to donating all facial masks to be manufactured in the factory during the lockdown period and none would be used for sale."
Natasha Kara, the spokesperson of the National Prosecuting Authority in KwaZulu-Natal said Lai He is facing three charges.
"A Chinese national, Mr. Ming Lai He, appeared in the Durban Magistrates Court today. He faces charges of: Forced labour – Contravention of Section 48(3) of the Basic Conditions of Employment Act, 1997. Failure to maintain a safe working environment – Contravention of Section 38(1) read with Sections 9 and 10 of the Occupational Health and Safety Act and further read with the Disaster Management Regulations 43148 - Failing to lock down a non-essential business – as his business was listed as a fragrance company,” Kara said.
Kara added that Lai He was granted bail on condition that he is prohibited from manufacturing any essential goods or providing any essential services unless he complies with legislative specifications /licenses for the said goods or services.
The matter was remanded to 20 June 2020 for further investigations.