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Juxtaposing human rights and human trafficking in South Africa

15 March 2021 | Story Prof Beatri Kruger | Photo Anja Aucamp

Prof Kruger web read more — Prof Beatri Kruger is a research fellow in the Free State Centre for Human Right at the UFS.

John Miller from the United States Office to Monitor Trafficking in Persons calls human trafficking: "The greatest human rights challenge of our generation."

But is this really the current position in South Africa? Let us do a reality check. New evidence-based insights were gained from convictions in several adult, as well as 25 child trafficking cases.

In 2011, Roelofs penned a picture of (sex) trafficking:

"It is a product of an increasing sex obsessed world with billions of dollars being earned from pornographic magazines, television channels and prostitution all because of slumping morality. It is obviously a very lucrative business. Whereas drugs and other narcotic substances can be used only once; a girl used as a sex slave can be sold over and over. This is the tragedy of this cruel exploitation of the vulnerable in our societies."

Exploitation of the vulnerable for financial gain

In 2019, in S v Ediozi Obi (case no CC40/2018), judge Natvarlal Ranchod referred to the above quote and concluded: “This is tragically illustrated in this matter before me …” In this case, several victims were vulnerable young children. They were trafficked, groomed, and repeatedly raped. “They were prostituted for accused 1's financial benefit. It is a sad indictment of certain members of the police force who were expected to bring perpetrators to book but instead, exploited the situation to their own advantage by taking bribes and themselves taking advantage of the young victims. This is some of the evidence that came out in this trial.”

In 2017 in S v Adina Dos Santos, the trafficker was sentenced to life imprisonment, which was confirmed on appeal. The evidence was that the trafficker promised minor Mozambican girls work in her hair salon in South Africa and an opportunity to study while working there. The girls, who were looking for a better life, were eventually threatened and forced to use narcotic drugs and then have sexual intercourse with several men daily. Recently, two female traffickers were sentenced to 19 life sentences in S v Seleso for sexually exploiting a minor girl online by advertising her sexual services to clients on a website.

A multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. – Prof Beatri Kruger

The trafficking convictions further confirmed that, apart from sex trafficking, victims are also trafficked for other purposes in South Africa. Children as young as eight were trafficked from Mozambique and Nigeria to be exploited for labour purposes. The cases further confirmed that traffickers use an aberrant form of the ukuthwala custom as a guise to traffic minor girls into forced marriages. Furthermore, children were kidnapped and sold. A young mother even advertised her baby on Gumtree for R5 000.

Multitude of human rights are violated in human trafficking

This is a snapshot from our case law. Despite the culture of human rights enshrined in our constitution, it is clear that a multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. Judge Ranchod rightly declared in S v Obi that human trafficking violates basic human rights and is the cause of immeasurable trauma for victims, their families, and the communities in which they live. Protecting trafficked persons and their human rights is crucial – we have a great task ahead.

News Archive

UFS awards centenary bonuses to staff

2004-11-25

The University of the Free State (UFS) will award a special Centenary bonus of R3000 (three thousand rand) to all qualifying staff in December 2004 .

As far as general salary increases for 2005 are concerned, plus an inflation- based linked salary increase adjustment of 1,4 percent and a further 4,6 percent salary increase as a final dividend from the financial turn-around strategy that began in 2000, will be instituted .

The final percentage salary increase is dependent on whether the expected government subsidy, of which the UFS must still receive notification from the Department of Education, is received.
, if the expected government subsidy realizes .
In addition, the salaries of service workers in low remuneration groups, as well as full professors have been adjusted retroactively to 1 January 2004. This restructuring was agreed upon to address market-related backlogs for these two groups , who display the biggest backlog relative to comparable institutions . A similar professional bench-marking exercise for support service staff has not been finalised.

This agreement was signed on Wednesday 24 November 2004 between the UFS Council and the UVPERSU-NEHAWU Joint Forum regarding salary negotiations for 2005.

“With this Centenary bonus and the significant above-inflation salary increase payment the UFS wants to pay recogni se tion to the sterling role that staff

have played in a difficult period of transition and fast growth and the contributions that they made to promote excellence at the UFS to a

university of excellence,” said Prof Frederick Fourie, Rector and Vice-

Chancellor of the UFS.

He said that the extra payment of this final 4,6 percent increase due to benefit from the financial turn-around strategy means that in real terms average salaries at the UFS had increased over the past 3 to 4 years by well over more that the 15 percent target that was set initially.

According to Prof Fourie all staff members who were in the employ of the UFS on UFS conditions of service on 15 November 2004 and who assumed duties before 1 October 2004, will qualify for the bonus. The same criteria will apply as for the 2004 bonuses.

However, there are some exceptions who do not qualify for the bonus eg learning facilitators, professors extraordinary, affiliated lecturers, departmental assistants, laboratory assistants, student help, all staff appointed for less than 20 hours per week, persons who are paid on a claims basis etc.

“Although the UFS’s actual subsidy amount is not yet known, an increase of 6,6 % in the total remuneration costs was budgeted for in the budget serving before the Executive Management and Council. It was further agreed with the UVPERSU-NEHAWU Joint Forum that the first 6 % increase will be used as general pensionable salary adjustment with implementation date 1 January 2005,” said Prof Fourie.

According to Prof Fourie the agreement also applies to all staff members of the Qwaqwa and Vista campuses whose conditions of service are already aligned with those of the main campus.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
25 November 2004

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