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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

Archbishop Emeritus Desmond Tutu visiting the UFS once again

2012-07-13

Archbishop Emeritus Desmond Tutu
13 July 2012

The University of the Free State (UFS) will once again be honoured by the presence of Archbishop Emeritus Desmond Tutu on Wednesday 18 July 2012.

Dr Tutu will be speaking at our Bloemfontein Campus for the first session of a two-day “In Conversation With …”event that is part of the Global Leadership Summit currently being held on the campus.

This sessions starts at 09:30 at the Centenary Complex. The media is invited to attend this session.

Dr Tutu will be in dialogue with Prof. Mark Solms, Head of the Department of Psychology at the University of Cape Town and owner of the Solms-Delta Wine Estate in Franschhoek.

The theme for this conversation, facilitated by Prof. Pumla Gobodo-Madikizela, will be “Living Reconciliation: Winds of Change in Franschhoek and Transformation at Solms-Delta Wine Estate”. This is based on the transformation introduced by Solms on his farm in the Franschhoek Valley.

Prof. Gobodo-Madikizela is a Senior Research Professor on trauma, forgiveness and reconciliation at the UFS.

As owner of Solms-Delta Wine Estate in Franschhoek, Prof. Solms led an initiative to transform the lives of farm workers on the estate through the Wijn de Caab Trust. This initiative was extended to empower the wider community of farm dwellers when Prof. Solms co-founded the Delta Trust and the Franschhoek Valley Transformation Charter. This organisation aims to break trans-generational cycles of social division and inequality in the valley.

The dialogue with Dr Tutu will highlight the significance of these initiatives as examples of deepening the link between socially responsive scholarship, commitment to social justice and responsible citizenship in contemporary South Africa.

Last year, the UFS awarded Dr Tutu an honorary doctorate in Theology, marking a milestone in the history of the university.

At 12:30, Dr Tutu will visit the Red Square in front of the UFS Main Building, where he will join in the fundraising festivities for the university’s official Nelson Mandela Day event and deliver a short address.

Schools in the vicinity, UFS staff and students and the public are invited to take part in the R5 coin laying ceremony in front of the Main Building.

The money collected at this event will be used to benefit the No Student Hungry (NSH) campaign as well as Bloemfontein Child Welfare.

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