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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

SRC and student parliament elections declared free and fair

2004-08-17

The Electoral Institute of Southern Africa (EISA) has certified the University of the Free State ’s (UFS) election process today ( Friday 13 August 2004 ) and declared it free and fair.

The process to elect a Student Representative Council (SRC) and Student Parliament started on 2 August 2004 and ended today with the announcement of the results.

“No objections regarding the voting process were received and the preliminary results were announced last night. A total of 2192 votes were cast, while 416 votes were spoilt,” said Mr Seth Phamuli, Chief Electoral Officer (CEO) of EISA.

Mr Alfred Geldenhuys, third year student in B Com Human Resource Management, was declared the SRC President for 2004/2005. Mr Geldenhuys was SRC representative for Campus Matters in 2003/2004.

The other members of the SRC are:

Vice-President: Annelise de Kock (fourth year student in B Sc Dietetics)

Secretary: Michelle du Plessis (third year student in B Sc)

Treasurer: Dida Coetzer (third year student in B Rek)

Academics: Cherese Laubscher (third year student in MB Ch B)

Ladies Internal Liaison: Tanya de Jager (third year student in B Ed Intermediary Phase)

Men’s Internal Liaison: Stef Conradie (third year student in BA Human Movement Science)

Transformation: Clayton van der Ross (second year student in B Com Human Resources Management)

Arts and Culture: AC Geldenhuys (second year student in B Acc)

Recreation and Internal

Affairs: Khotso Motloung (third year student in B Com Accounting)

Campus Services: Sylvanus Watson (fourth year student in B Sc Agric)

Constitutional and

Legal Affairs: Lerato Mofoti (fourth year student in LLB)

Dialogue and

Associations: Owen Kumalo (third year student in B Com Sport Management)

Kovscom: Estel Scheepers (third year student in BA Integrated Marketing)

Sport: Graeme Bradley (second year student in B Com Human Resources Management)

Student Development: Werner du Preez (third year student in B Com Economics)

Irawa: Jeanri-Tine van Zyl (second year student in BA Media Studies)

In the Student Parliament the African Christian Democratic Party (ACDP) and the Kovsie Alliance were each granted seven seats, whilst the Here XVII was granted 11 seats.

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