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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 agreement on staff salary adjustment of 7.5%

2011-11-10

At this year's salary negotiations were from the left, front: Mr Lourens Geyer, Director: Human Resources; Ms Ronel van der Walt, Manager: Labour Relations; Ms Tobeka Mehlomakulu, Vice Chairperson: NEHAWU; Prof. Johan Grobbelaar, convener of the salary negotiations; back: Mr Ruben Gouws, Vice Chairperson of UVPERSU, Ms Esta Knoetze, Vice Chairperson of UVPERSU, Mr David Mocwana, fultime shopsteward for NEHAWU; Mr Daniel Sepeame, Chairperson of NEHAWU, Prof. Nicky Morgan, Vice-Rector: Operations; Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS; Ms Mamokete Ratsoane, Deputy Director: Human Resources and Ms Anita Lombard, Chief Executive Officer: UVPERSU.

Photo: Leonie Bolleurs

Salary adjustment of 7,5%

The University of the Free State’s (UFS) management and trade unions have agreed on a general salary adjustment of 7,5% for 2012.

The negotiating parties agreed that adjustments could vary proportionally from a minimum of 7,3% to a maximum of 8,5%, depending on the government subsidy and the model forecasts.

The service benefits of staff will be adjusted to 9,82% for 2012. This is according to the estimated government subsidy that will be received in 2012.

UVPERSU and NEHAWU sign

The agreement was signed (today) Tuesday 8 November 2011 by representatives of the university’s senior leadership and the trade unions UVPERSU and NEHAWU.

R2 500 bonus

An additional once-off, non-pensionable bonus of R2 500 will also be paid to staff with their December 2011 salary payment. The bonus will be paid to all staff members who were in the employment of the university on UFS conditions of service on 31 December 2011 and who assumed duties before 1 October 2011. The bonus is payable in recognition of the role played by staff during the year to promote the UFS as a university of excellence and as confirmation of the role and effectiveness of the remuneration model.

It is the intention to pass the maximum benefit possible on to staff without exceeding the limits of financial sustainability of the institution. For this reason, the negotiating parties reaffirmed their commitment to the Multiple-year, Income-related Remuneration Improvement Model used as a framework for negotiations. The model and its applications are unique and have as a point of departure that the UFS must be and remains financially sustainable.

Capacity building and structural adjustments

Agreement was reached that 1,54% will be allocated for growth in capacity building to ensure that provision is made for the growth of the UFS over the last few years. A further 0,78% will be allocated to structural adjustments.

Agreement about additional matters such as funeral loans was also reached.

“The Mutual Forum is particularly pleased that a general salary adjustment of 7,5 % could be negotiated for 2012. Taken into account the world financial downturn, marked cuts in university subsidies and the growth of the university, this is a remarkable achievement,” says Prof. Johan Grobbelaar, Chairperson of the Mutual Negotiation Forum.

Increase for Professors, Deputy and Assistant Directors

According to Prof. Grobbelaar the Mutual Forum is also pleased that Professors and Deputy and Assistant Directors will benefit from the structural adjustments. These increases will align the positions with the median of the higher education market. The 1,54% allocated for growth will ensure that appointments can be made where the needs are the highest. The special year-end bonus of R2 500 is an early Christmas gift and implies that the employees in lower salary categories receive an effective increase of almost 9,5 %.

“The UFS is in a unique position when it comes to salary negotiations, because the funding model developed more than a decade ago, has stood the test of time and ensured that the staff receive the maximum possible benefits. Of particular note is the fact that the two majority unions (UVPERSU and NEHAWU) work together. The mutual trust between the unions and management is an example of how large organisations can function to reach specific goals and staff harmony,” says Prof. Grobbelaar.

The implementation date for the salary adjustment is 1 January 2012. The adjustment will be calculated on the total remuneration package.

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