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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

Access meets quality in UFS-Varsity College partnership for law degree

2012-07-30

At the event were, from the left: Mr Frank Thompson, CEO of ADvTECH, Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS, and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.
Photo: Johan Roux
30 July 2012

The University of the Free State (UFS) and Varsity College this week officially launched a partnership whereby the university’s Faculty of Law will offer a four-year Bachelor of Law qualification through the UFS School of Open Learning on eight Varsity College campuses nationwide. This new degree will be offered as early as 2013.

This is the fulfilment of a dream, said Prof. Johan Henning, Dean of the Faculty of Law at the university. He was one of the speakers at the event that was attended by staff members and management from the, Faculty of Law, the university’s South Campus, Varsity College and ADvTECH.

The UFS Faculty of Law is one of the oldest and most distinguished faculties of law in South Africa, and has a close association with several overseas universities which ensures that the institution is internationally recognised.

“I am very positive and enthusiastic about this new partnership. We want to make this an enriching experience for staff and students from both the university as well as Varsity College,” Prof. Henning said.

The CEO of ADvTECH, Mr Frank Thompson, said he is overjoyed about the project and its potential. Varsity College is a brand of the ADvTECH Group, a JSE listed company invested in human capital.

“This is a new beginning for Varsity College and the UFS. Learning together, the slogan for this project, is very appropriate. We are excited to add new students to the university and Varsity College’s line-up,” Mr Thompson said.

Varsity College is part of the Independent Institute of Education (IIE), the leading provider of private higher education in South Africa. According to Dr Felicity Coughlan, Director of the IIE, the partnership between the IIE and the university is an example of the potential that is inherent in public-private partnerships to increase the range of high quality options available to students.

Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS, who also was one of the speakers at this event, said with this partnership, students will get the best of both worlds in accessing higher education.

The Faculty of Law will ensure that students obtain both a thorough grounding in legal theory, as well as a solid practical foundation, and Varsity College, through a strong commitment to innovative teaching and learning, will empower more students to become legal graduates of the highest calibre. Thus, the innovative partnership between the UFS and Varsity College will produce a Bachelor of Law degree that is highly sought after in the legal profession.

This partnership is the first of its kind, paving the way for increased collaboration between public and private tertiary institutions to best serve the education sector and the future of graduates.

“This is what is possible when two dynamic partners like the university and Varsity College come together,” Prof. Jansen said.

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