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Elucidating the reality of human trafficking in South Africa

12 October 2020 | Story Nonsindiso Qwabe | Photo Anja Aucamp

How big is the human trafficking problem in South Africa? Whereas most crimes are generally reported to the police, trafficking is not, mainly because victims fear retaliation. Thus, exact statistics on human trafficking are not available anywhere in the world. But one thing is for sure; trafficking is an indisputable and systemic reality in South Africa. This is according to Prof Beatri Kruger, Research Fellow in the Centre for Human Rights at the University of the Free State.

Prof Kruger’s research on human trafficking spans a decade, and she said as human trafficking gets more public attention, more cases are coming to the fore. “This is a good thing, because if you know the enemy and the modus operandi, you won’t be misled easily.”

Prof Kruger said for the past five years, South Africa has been classified as a country of origin, transit, and destination for trafficking by the annual US Trafficking in Persons Reports.

An increasing number of trafficking convictions

What this means is that victims are trafficked from South Africa to other countries; foreign victims are moved through the country to other areas for exploitation, while foreign victims are also brought from elsewhere in the world to the country as their final destination.

“The trafficking reality is not based on speculation. We have solid evidence that there is a very serious problem,” Prof Kruger said. According to police statistics, a significant number of 2 132 cases of human trafficking were reported to the SAPS under the current Trafficking Act from 2015 to 2017. Also, apart from five empirical doctorate studies, this reality is further confirmed by an increasing number of trafficking convictions in our courts.

Prof Kruger said these convictions provide significant insights into human trafficking in South Africa. Firstly, victims are seldom being kidnapped and taken by force. Instead, traffickers prefer to trick and trap victims by misleading them with false promises of a better life. Court cases exposed that many are misled by fabricated well-paid jobs or educational opportunities. The cases further reveal how traffickers submit their victims to various forms of exploitation. Aldina dos Santos [S v Dos Santos [2018 1 SACR 20 (GP)] was sentenced to life imprisonment for cunningly transporting Mozambican girls to her Gauteng residence, where they were forced to use drugs and perform sexual services to multiple paying clients. The court further imposed eight life sentences on Loyd Mabuza [S v Lloyd Mabuza 2018 2 SACR 54 (GP)] for holding four Mozambican girls between the ages of 10 and 16 captive as sex slaves for three years in the Sabi district. In S v Matini [case no. RC 123/2013 EC)], several South African victims, including mentally challenged girls, were sexually exploited in a brothel near Port Elizabeth. The two female traffickers in S v Seleso [case no. SS45/2018 (GJ)], who forced an orphaned girl into prolonged online sexual exploitation, were each sentenced to 19 life sentences. Convictions were also secured in other forms of exploitation, such as labour trafficking. In Mpumalanga, a boy of only six years old was forced into child labour. In the Pinetown area, children were provided at a price in illegal adoption scams: some children were sold for up to R15 000. Babies were also commodified and traded – in KwaZulu-Natal, a mother even advertised her baby on Gumtree for R5 000. “In most cases, there were either multiple victims, multiple traffickers, or both, and multiple places of exploitation.”

Prof Kruger said there is still a need for more empirical research on the prevalence of all forms of human trafficking. She is currently involved in a comprehensive research project focusing on human trafficking in South Africa.

Assisting the public

Despite the challenges to combat trafficking, several milestones are also worth celebrating, she said. There is a toll-free 24/7 national human trafficking hotline available to assist the public, the National Freedom Network consists of vetted individuals and more than 70 organisations joining forces to combat trafficking, while important counter-trafficking information is available at www.nationalfreedomnetwork.co.za, and successful prosecutions are increasing, to name just a few.

Tips to keep you safe:

-Do not believe everything you read on social media. Evaluate and verify the source, time, and date before believing it or sending it on to others.
-Have a code that you share with your family and friends that you can use to alert them if you are in danger.
- Remember that there is safety in numbers. Do not walk or jog alone in secluded areas.
- If a trafficker attempts to grab you, make a scene so that other people can notice.
- Alert especially students to employment scams – verify job offers by calling the Trafficking Hotline.
- Report any suspicion of trafficking to the police, and also to the Trafficking Hotline.

If you need information or help, call the National Human Trafficking Hotline on +27 0800 222 777

News Archive

Workplace discrimination and unfair practices explored in new book

2017-09-13

Dr Denine Smit
Photo: Supplied

Two law scholars, Dr Denine Smit and Dr Damian Viviers, from the Faculty of Law at the University of the Free State (UFS) recently launched a book titled Vulnerable Employees, which was inspired by their interest in researching, creating awareness and providing a legal exposition in relation to employees who are vulnerable and experience prejudice and dignity violations in the workplace. These include workplace bullying, appearance-based discrimination, those who are gender fluid or have mental-health conditions.
“Dr Viviers, who is also a former student of mine, and I, have been working together for years and share a common understanding in relation to our various topics of interest. We often share the same train of thought. This is how we came to work together to produce this book,” said Dr Smit.

Research focused on employee challenges in the workplace
The book expands on the field of knowledge regarding certain categories of employees who, as a consequence of various mutable, immutable and semi-immutable characteristics, as well as behavioural experiences, are rendered vulnerable in their employment relationships. The book draws on various social, psychological and other empirical considerations, as well as comparative legal research from foreign and international law, in order to expand on the legal position under the South African legal framework governing these conditions. While the book first and foremost constitutes a compendium of research to be used for this purpose, it also serves as a practical guide for all legal practitioners, human resources managers, other labour stakeholders and the judiciary.

Book draws strength in other academic fields
Vulnerable Employees was launched on 28 July 2017 at the UFS library, to an audience of academics and students, with a panel discussion made up of the authors and two other panellists. One of the panellists was Dr Katinka Botha, a leading psychiatrist in the Free State who has a wealth of experience in this field. “Her selection as a panellist was motivated by the various significant inter-disciplinary considerations and intersections between psychology, psychiatry and law, contained in the book,” said Dr Smit.
“Dr Botha’s expertise was invaluable in shedding light on mental-health considerations during the panel discussion.”
Mr Lesley Mokgoro, the other panellist, is a leading labour law practitioner, as well as director and head of the Dispute Resolution Practice Group at Phatshoane Henney Attorneys. “His years of experience working with all role players in the employment domain, as well as his extensive legal knowledge and expertise, made him uniquely qualified to serve on the panel and deliver an opinion of the practical and academic value of the book,” said Dr Smit.

Workplace policies key to securing employee rights
There are a number of growing trends in the workplace that could shape the practice of labour law or workplace policies. Dr Smit said the need for employers to regulate workplace culture, particularly in relation to bullying, harassment and unfair discrimination, in line with the South African legal framework, was a fundamental need in all workplaces. Effective workplace policies may be used to clearly outline the relevant “dos and don’ts” to employees, as well as the procedures and processes that may be followed in order to address such conduct. Workplace policies serve to advance legal certainty and efficiency, since the rights and obligations of all role players are clearly demarcated, or should be, in terms of a well-drafted and considered policy.
The book is one of several publications produced by Dr Smit in collaboration with Dr Viviers on the topic of workplace discrimination and the law. The two scholars are working on another book to be published at the end of 2017.

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