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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

Top matriculants for Kovsies

2014-01-24

From left are: Saneliswe Khambule, Lungile Mkhungo, Jannie de Wet, Anje Venter, Siqiniseko Buthelezi and Abrille Beukes.
Photo: Hannes Pieterse

Hailing from top schools in KwaZulu-Natal (KZN), Naushad Mayat, Lungile Mkhungo and Siqiniseko Buthelezi share 20 distinctions between them. Leaving the province of the Zulu Kingdom for Bloemfontein, all three are at Kovsies to study as doctors.

Naushad obtained eight distinctions, an achievement that placed him in the top ten matriculants in KwaZulu-Natal. The former learner from Glenwood High School in Durban came fourth in the Umlazi District and tenth overall in the province. Enrolling for a degree in Medicine, he will join the list of outstanding health professionals Kovsies produce every year.

Lungile, who matriculated from Kingsway High School, attained seven distinctions and her average percentage was 90%. She received distinctions in English – 90%, IsiZulu – 94%, Mathematics – 83%, History – 92%, Physics – 89%, Life Sciences – 89% and Life Orientation – 93%. Lungile is not only clever, but also performed well in sports at her school, participating in netball, soccer and athletics. This future doctor is a proud resident of Wag-'n-Bietjie residence.

Siqiniseko made history at his school, Maritzburg College, becoming the first black Head Prefect at the 150-year-old school, the oldest boys' high school in KZN and one of the oldest schools in South Africa. A gifted learner excelling in sport, culture and academics, Siqiniseko obtained five distinctions (English, Afrikaans, Life Orientation, Accounting and Life Sciences). His sporting prowess has seen him captaining Maritzburg College's first rugby team, as well as the KZN Academy team.

The three are joined by fellow KwaZulu-Natal resident, Saneliswe Khambule, Namibian Abrille Beukes and Free Staters Anje Venter and Jannie de Wet.

Saneliswe, a former learner of Menzi High School in Umlazi, received five distinctions in her final-year exams. The Emily Hobhouse resident registered for a Forensic Science degree and plans on doing her doctoral studies in this exciting career field.

Abrille Beukes is another future doctor and is all the way from Windhoek in Namibia. Abrille obtained a ‘one’ in all her subjects, the highest possible mark in the Namibian school system. The Windhoek-born student received high levels in Mathematics, Accounting, Physical Science, Biology, Afrikaans and English. As second best student in her home country, she will register for a Medicine degree.

Anja, the Free State’s top achiever, received an average percentage of 93% in the matric final exams. The former Eunice student obtained nine distinctions, an achievement that placed her in the national top 100 matriculants. Anja enrolled for a BSc Actuarial Science degree and will be joined in class by former school friend, Jannie de Wet, who obtained a whopping ten distinctions. Jannie and Anja attended Universitas Primary School together, with Jannie finishing his school career at Jim Fouché High School, and just like Anja, he will also enrol for a BSc Actuarial Science degree.

Jannie obtained distinctions in Afrikaans, English, Mathematics, Mathematics (third paper), Life Orientation, Accounting, Physical Science, Life Science, Economics and Information Technology. Jannie is also the Volksblad and the University of the Free State’s 2013 Matriculant of the Year.

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