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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

“Deploy your education and not connections,” Chancellor tells graduates

2012-05-16

Qwaqwa Autumn Graduation
Photo: Thabo Kessah
16 May 2012

Our Qwaqwa Campus conferred 424 degrees, diplomas and certificates at this year’s autumn graduation ceremony held on 12 May 2012.

Amongst the degrees conferred were two doctorates in Polymer Science, two Master’s of Arts in Geography and African Languages, respectively, five Master’s of Science degrees in Physics (3) and Polymer Science (2) and 37 honours degrees in Education, Zoology, Physics, Botany and Polymer Science.

In their congratulatory messages, both the Vice-Rector: Institutional Affairs, Prof. Teuns Verschoor, and the Chancellor, Dr Khotso Mokhele, challenged the graduates to start focusing their attention beyond their graduation on what they both referred to as “the real world”.

“Graduation ceremonies are a fantastic event, but you must never lose sight of appreciating the support given by those around you,” said Dr Mokhele.

“This hall was full of shouting and yes, you must bask in that glory, knowing that you have achieved part of your goals. Yes, this is your moment, so shine. You deserve it. You have earned it.”

“However, this noise also means you must go out there and face the real world. You are graduating in a model country on how people can reconcile, despite their painful and divided past. You deserve all the accolades, but that model country is disappearing before your eyes. How can you mess up what Mandela, Biko, Sobukwe, Nardine Gordimer lived and fought for? How can you mess up such a good thing?” Dr Mokhele asked of an attentive audience that included proud parents and siblings, as well as educators and learners from the Thabo Mofutsanyana District.

“Go out there and deploy your education and not your connections, as these are embedded in corruption. Go out there and help get rid of the patronage system where hard-workers are more likely to be constructively dismissed as they stand in the way of those with corrupt tendencies. Save this country from becoming another Zimbabwe. Let us do whatever it takes to save this country. Let these matriculants who are here today want to walk that red carpet with pride in the next few years,”,said Dr Mokhele.

Dignitaries in attendance included the former Chief Minister of the former Qwaqwa homeland, Dr T K Mopeli; the Executive Mayor of the Dihlabeng Local Municipality, Councillor Tjhetane Mofokeng; Dr SWF Moloi (Thabo Mofutsanyana Education District) and representatives from various government departments.

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