‘Serial offender’: Chinese national denied appeal after R100k bail revoked for illegal abalone harvesting

A Chinese national, dubbed a serial offender for illegally harvesting abalone, has suffered a legal blow after losing his appeal against the cancellation of his bail.

The Western Cape High Court in Cape Town this week upheld a ruling that revoked Beipeng Zhang’s R100 000 bail after he was arrested once again for similar offences.

His bail had initially been granted by the Cape Town Magistrate’s Court a year earlier before it was cancelled on 21 August 2024.

He then sought to challenge the decision in the high court.

Chinese national arrested for possessing abalone

Zhang was first arrested on 26 July 2023 in West Beach, Bloubergstrand, for contravening the Marine Living Resources Act (MLRA).

Along with four co-accused, Zhang is awaiting trial on four charges, including the unlawful acquisition and possession of 7 855 units of dried and wet abalone valued at approximately R2.89 million, and operating an illegal abalone processing plant.

Following his arrest, Zhang appeared in the Cape Town Magistrate’s Court on 28 July 2023.

The case was postponed to 3 August, where the prosecutor revealed that Zhang had a previous conviction.

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It was revealed that on 29 May 2023, Zhang pleaded guilty in the Gqeberha Regional Court to similar abalone-related offences committed in July 2021.

He was convicted of contravening the MLRA and “money-laundering” under the Prevention of Organised Crime Act (POCA).

The Chinese national; received a suspended sentence of two years’ imprisonment on each charge, conditional on him not reoffending for five years.

Despite this, the prosecutor did not oppose bail in the Cape Town Magistrate’s Court, even though Zhang’s immigration status was unclear.

The magistrate granted bail of R100 000, requiring Zhang to surrender his passport and report to his local police station twice a week.

Repeat offence and plea agreement

While on bail, Zhang was arrested again on 9 April 2024 in Durbanville for contravening the MLRA.

On 24 April, he entered a plea and sentence agreement with the state in the Bellville Regional Court, pleading guilty to receiving and processing 10 121 units of wet and dried abalone.

He also admitted to operating an illegal processing plant.

However, the plea agreement did not specify the value of the abalone, a critical factor for determining the seriousness of the offence.

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The investigating officer later valued the abalone at R3.5 million.

Despite Zhang’s previous conviction and suspended sentence, the prosecutor agreed to impose another wholly suspended five-year sentence for each charge.

The presiding magistrate in Bellville rejected the agreement, calling it inappropriate given Zhang’s record and the scale of the offence.

High Court ruling on Chinese national’s bail

In his judgment, Western Cape High Court Judge Mark Sher expressed his shock over the plea agreement between Zhang and the state.

“The conclusion by the regional court control prosecutor of a plea and sentence agreement whereby it was agreed that the appellant [Zhang], who was a serial, countrywide offender, was to receive yet another suspended sentence for the unlawful receipt and processing of a large quantity of illegally harvested abalone worth millions of Rands, a wildlife resource which has been practically poached to extinction in this country, which by the accused’s own admission was destined to be exported for commercial gain, without due and proper regard for the value of the abalone and the appellant’s criminal record for similar offences, constituted a dereliction of duty,” the judge said.

Sher ruled that the matter be referred to the provincial Director of Public Prosecutions (DPP) for investigation.

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The judge also highlighted Zhang’s ability to evade imprisonment.

“On 6 June 2024 he managed, somehow, to persuade the magistrate of Gqeberha not to put the suspended sentence of imprisonment which had been imposed by the regional court the previous year, into operation, notwithstanding that he had breached the terms thereof only 11 months later in April 2024, by committing a similar offence in Cape Town, involving over 10 000 units of abalone.

“Instead, the magistrate elected to re-suspend the sentence for a further period of five years.

“Once again, how the appellant was able to get away with this defies comprehension and requires investigation by the Director of Public Prosecutions,” the judgment further reads.

Chinese national in South Africa illegally

Sher stated that it was “somewhat relieving” that the state applied to withdraw Zhang’s bail in the appeal matter.

The investigating officer argued before the high court that Zhang would continue to commit similar offences if allowed to remain free.

Additionally, an immigration control officer from the Department of Home Affairs further confirmed that Zhang was in South Africa illegally.

Zhang entered the country on 10 December 2020 with a visa that expired on 21 January 2021.

Sher pointed out that Zhang’s continued residence in the country constitutes a criminal offence punishable by up to two years’ imprisonment.

The judge concluded that the magistrate’s decision to revoke Zhang’s bail was correct and necessary in the interests of justice.

“In my view, the magistrate’s decision was anything but wrong. As is evident, the appellant is a serial offender who has no respect for the law.”

Sher dismissed Zhang’s appeal.

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