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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

SRC elections: A first for UFS main campus

2005-08-14

Students on the main campus of the of the University of the Free State (UFS) will this week for the first time vote for the Student Representative Council (SRC) using two voting systems: proportional representation (PR) and first-past-the-post.

According to the Vice-Rector, Student Affairs, Dr Ezekiel Moraka, this year’s elections are a milestone for the UFS as it will be the first time that the main campus SRC will be elected according to the amended SRC constitution, which was approved by the UFS Council in June 2005.

“It is also a major breakthrough for student governance and transformation of the UFS main campus and constitutes a legitimate basis for the democratic participation of all students at the UFS main campus in the governance of the university,” said Dr Moraka.

The amended constitution of the main campus SRC determines that nine of the 18 SRC members must be elected by means of proportional representation and nine on the basis of an individual, first-past-the-post election.

According to Dr Moraka, the introduction of the proportional representation system follows earlier calls by some student formations, notably Sasco and the ANC Youth League, for such a system to be introduced at the UFS main campus in Bloemfontein.

The new main campus SRC constitution is the result of consensus reached during a lengthy negotiation process involving diverse student formations such as Sasco, the ANC Youth League, the Young Communist League, the ACDP, HEREXVII, KovsieAlliance, as well as the democratically elected SRC members of the main campus.

“Independent persons such as Mr Jack Klaas and Mr Kobus van Loggerenberg, a former SRC President, facilitated the negotiation process,” said Dr Moraka.

Students on the main campus in Bloemfontein will vote for a new SRC on Monday 15 August 2005.

SRC elections will also take place on the other two campuses of the UFS, which have their own SRC structures.

Students on the UFS-Vista campus in Bloemfontein will vote for a new SRC on Monday 15 August 2005 and Tuesday 16 August 2005.

At the Qwaqwa campus of the UFS, students will vote for a new SRC on Friday 26 August 2005.

The election processes on all three campuses will be closely monitored by independent electoral bodies.

After the three campuses have elected their respective SRCs a central SRC will be constituted. The central SRC will have 12 members made up of delegates of the three campus SRCs, including the presidents of these three SRCs. The main campus will have five representatives, the Qwaqwa campus will have four representatives and the Vista campus will have three representatives.

Main campus voting schedule:
Monday 15 August 2005 from 07:00-21:00. Ten voting stations will be set up across the campus. The results will be announced on Tuesday 16 August 2005.

Vista campus voting schedule:
Monday 15 August 2005 and Tuesday 16 August 2005 from 09:00-18:00 in the administration building. The results will be announced on Wednesday 17 August 2005.

Qwaqwa campus voting schedule:
Friday 26 August 2005 from 09:00-18:00 in the Senate Hall. If there is no objection to the final results, it will be announced on the same day.

Media release

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

14 August 2005

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