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26 October 2018 Photo Stephen Collett
Parks Tau at JN Boshoff lecture, believes that the state should assume role as leader
Parks Tau, who delivered this year’s JN Boshoff lecture, believes that the state should assume its rightful role as leader of all citizens.

The state entered into a covenant with society. The state is therefore obliged to provide essential services to the people. Holding into account the public sector is the White Paper on Local Government which was implemented at the birth of democracy. Now that the post-apartheid period has matured, leaders are unpacking the loaded subject of public service.

In his capacity as the South African Local Government Association president, Parks Tau delivered the 2018 JN Boshoff Memorial Lecture. He shared his views on: ‘What is the significance of the Public Service in nation-building within a democracy?’ 

The lecture was hosted by the Department of Public Administration and Management, at the University of the Free State’s Bloemfontein Campus on Wednesday 17 October 2018. Tau reiterated that the founding principles of social development and economic growth, integration, empowerment, and learning should be treated as a commitment by the government to the citizens of South Africa.

Constitutional rights reserved

In addition to communities being entitled to basic services such as the provision of water, sanitation, and safety, it is necessary to “move beyond merely stating the principle of Batho Pele. It requires of us to appreciate the role of the state in promoting equity and development in all communities”, Tau said.

Rights coupled with responsibilities 

Citizens and communities are responsible for safeguarding public property and making certain public officials are held accountable. “This covenant therefore goes both ways. It is about a relationship of mutual interest and benefit, and one that promotes both community and nationhood,” said the former Executive Mayor of the city of Johannesburg.

Tau stated that much work needed to be done through effective policies, legislation and investments to return the country to the levels of investor confidence that our national economy enjoyed during its highest rating from Moody’s in the 2008/9 financial year. This would ensure that the state assumed its rightful role as leader and organiser of different stakeholders and “takes its rightful place as a sovereign state in the family of nations”, as enshrined in the constitution.

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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