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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 withdraws interdict against SASCO and ANCYL

2003-11-25

The Rector and Vice-Chancellor of the University of the Free State, Prof Frederick Fourie, announced today that a court order against the South African Students Congress (SASCO) and the ANC Youth League (ANCYL) had been withdrawn.

The withdrawal of the court order follows after a written statement by SASCO and the ANCYL in which they “unconditionally withdraw or retract statements threatening to render the institution ungovernable” and give their “commitment not to proceed with our threats to establish our own democratic SRC and occupy the current SRC offices”.

The UFS management obtained the court order in October after SASCO and the ANCYL refused to accept the outcome of the recent student referendum and SRC elections and threatened to disrupt the campus.

Prof Fourie also welcomed the undertaking by SASCO and the ANCYL to act in accordance with the prescribed procedures to resolve any grievance that the organisations may have, saying the UFS management remains committed to a constructive dialogue with all student organisations to manage a campus of diversity, tolerance and non-racialism.

In September students voted in a referendum to test support for a system of proportional representation (PR) for the SRC. A vast majority of students voted against the PR system, a system favoured by SASCO and the ANCYL..

Following allegations of fraud in the referendum, the UFS management asked the auditing firm PriceWaterhouseCoopers to conduct an independent audit of the ballot papers.

The auditors found that a total of 180 ballot papers out of 3513 – only 5.12% - of the votes cast - appeared to have been altered by means of erasing and then changing the student number.

According to the auditors, with all potentially altered and suspicious ballot papers excluded, a huge majority of 60,8% of students voted against the proportional representation system.

A few days after the referendum, the actual SRC election was held. However, at no stage were there any complaints from any organization about the integrity of the SRC election itself.

Despite this and the findings of the auditors, SASCO and the ANCYL refused to accept the outcome.

Law student Quintin du Plessis was elected SRC president. He welcomed the stance taken by SASCO and the ANCYL to pursue their objectives through the existing structures and said the SRC was always willing to engage with these organisations on issues of student governance.

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