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12 October 2020 | Story Nonsindiso Qwabe | Photo Anja Aucamp
Prof Beatri Kruger
Prof Beatri Kruger

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

Researcher finds ways to serve justice efficiently
2016-01-07

Description: Prof Monwabisi Ralarala  Tags: Prof Monwabisi Ralarala

Prof Monwabisi Ralarala tackled the serving of justice from a linguistic viewpoint.
Photo: Supplied

In 2012, local and international media was saturated with reports of the Eugène Terre’Blanche murder trial. At the judgment, Judge John Horn read a lengthy extensive document, of which three pages were dedicated to voicing his concern about how police officers distort statements in the process of translation. Considering the fact that statements are the entry points to the criminal justice system, Prof Monwabisi Ralarala’s attention was drawn to the negative impact such distortion had insofar as the administration of justice was concerned. Of the three PhD degrees conferred by the University of the Free State (UFS) Faculty of Humanities at the 2015 Summer Graduation, one was in Language Practice with Prof Ralarala’s name on it.

Prof Ralarala’s research interests in language rights, forensic linguistics, and translation studies led him to use the Terre’Blanche trial as the basis for his second PhD case study titled: Implications and explications of police translation of complainants' sworn statements: evidence lost in translation. The doctoral dissertation focused on police stations in the Xhosa-speaking community of Khayelitsha in Cape Town.

Language and the law

When the victim of a crime approaches the South African Police Services (SAPS), the requirements are that a sworn statement be taken. However, as a prerequisite, the narration needs to be translated into English.  “The process unfolds in this manner: the complainant or the person laying the charges speaks in a language that they understand, and then the police officers translate that information into English because English is still the de facto language of record,” explained Prof Ralarala.

In the process of translation, the original narrative is lost, and so is some of the evidence. “They [the statements] have to be packaged in a certain way, in the form of a summary. As a police officer, you have to discard all the original narrative and create another narrative which is in English,” added the Associate Professor and Institutional Language Coordinator at the Cape Peninsula University of Technology.

Evidence is the basis of any court case and, when it is translated by police officers who do not hold the credentials of professional translators, a problem inevitably arises.

Because police officers are not trained in translation, “Some of the statements are filled with distortions, changing of information all together. In some cases, one would come across a case which was initially an assault but then - through the change and transformation, re-narration, retelling of the story by someone else - it becomes a case of attempted murder.”

Considering that a statement determines a suspect’s fate, it becomes all the more important to ensure that accuracy is upheld.

His internal and external supervisors, Prof Kobus Marais and Prof Russel Kaschula from the UFS and Rhodes University respectively stated that his PhD work has been hailed as a gem by international scholars. “According to one international assessor, he has made an exceptional contribution to the humanities and social sciences in general and to the fields of linguistics and translation studies in particular.”

Reshaping the landscape

According to Prof Ralarala, there are huge gaps in the translated versions of statements which create a problem when a ruling is made. Some of the recommendations put forward in his dissertation to bridge that gap are:

• to review the language policy insofar as the criminal justice system is concerned. The languages we speak are official and constitutionally embraced, and they hold the same status as English, hence they need to be used in criminal justice processes;
• to revisit the constitution and review if the provisions made for the Nguni languages are implemented;
• to supplement paper and pen with technology such as tape recorders. Statements can be revisited in cases where a controversy arises;
• to deploy professional translators and interpreters at police stations;
• to design a manual for police officers which contains all the techniques on how a statement should be taken.
• to enforce constitutional  provisions in order to reinforce the language implementation plan in as far as African languages are concerned .

These recommendations serve to undo or eliminate any perceived injustices perpetuated and institutionalised by current linguistic and formal practices in South Africa's criminal justice system.

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