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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

New building for Centre for Financial Planning Law

2012-04-23

A graphic illustration of the new building for the Centre for Financial Planning Law.
19 April 2012

During a recent tree planting ceremony, the Centre for Financial Planning Law in the Faculty of Law officially handed over the site for a new building for the centre. The building should be complete by the end of 2012.

The Centre for Financial Planning Law’s present premises has become too small for the needs of the centre, thus a decision was taken to build a new building.

The centre, which was opened in 2001 with three staff members, grew during the past 11 years to a centre with 13 permanent staff members. Some 1 300 students – 120 undergraduate and 1 200 postgraduate students in the Postgraduate Diploma in Financial Planning Law and the Advanced Postgraduate Diploma in Financial Planning Law respectively – are enrolled at the centre. Undergraduate students attend weekly contact sessions while the postgraduate students all study electronically through distance education.

According to Mr Rudolf Bitzer of Bitzer Design Studio, one of the two architecture firms involved in the development of the building, the new building was planned in order to to make provision for future extensions. “The opportunity for the centre to function independently was important from the beginning and facilities had to be positioned in such a way that the lecture hall and committee room could be hired out commercially when lectures were not being presented.

“The building consists of a large reception venue, which gives access to a lecture hall (which can be subdivided), a committee room, public amenities and a reception counter. The centre will present about ten lectures annually in its own building and the lecture hall can accommodate 80 students. Exams will also be written in the venue,” said Mr Bitzer.

The usable inside area of the building totals 827 square metres.

The staff function in their own section of the building, with the offices arranged around a courtyard. Security access makes it a secure environment. In addition, staff have access to a staff room with a service hatch to the reception room, reception counter, personal assistant’s office, nine individual offices and a large open plan office, a storeroom, a cleaners’ room and facilities for staff.

“With the design, an attempt was made to make the building stand comfortably in the landscape without disappearing into the natural landscape. It is an unpretentious building, which seeks to provide well articulated architecture,” said Mr Bitzer.

The architecture firms involved are Bitzer Design Studio and Roodt Architects.

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