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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

Shimlas now second on Varsity Cup log

2015-02-25

After scoring nine tries to none to establish a 57-0 win over the Central University of Technology’s (CUT) Ixias in round three of the 2015 Varsity Cup Rugby Tournament, the UFS Shimlas are now second on the overall log.

Despite thunder showers in Bloemfontein on the evening of Monday 23 February, the match at the CUT Rugby Stadium continued. Shimlas’ Arthur Williams opened the scoreboard early with the first try of the evening, after getting his hands on a loose ball to break through the CUT defense line. Only four minutes later, Shimlas’ flank Gerhard Olivier scored another try. Both of these tries were successfully converted by Niel Marais, putting Shimlas in a 16-0 lead within less than seven minutes.

By halftime, the Shimlas’ lead had increased to 39-0. Daniel Maartens started the second-half scoring for the UFS when he crossed the try line in the 46th minute to secure Shimlas’ seventh try. After another successful conversion kick by Marais, the scoreboard read 47-0.

The match began to lose its spark as handling errors and ill-discipline became the order of the day. CUT were reduced to 14 men for the second time in the match, when Boetie Makethlo was sent to the sin bin in the 75th minute for an infringement at the breakdown, inches away from his try line.

Maartens went over the try line again in the 78th minute, scoring Shimlas’ eighth try in the match and taking his team’s score beyond the 50 mark. Shimlas managed yet another try in the last minute, with Niell Jordaan diving over the try line for old time’s sake.

Although the Shimlas’ 2015 Varsity Cup started off with a 29-29 draw against the University of Pretoria’s Tuks in Bloemfontein, they returned the following week to clinch a 24-0 win against the University of Johannesburg at the UJ Stadium. Apart from Tuks, who is at this stage on top of the log, no team has scored against Shimlas thus far in the 2015 Varsity Cup.

Up next, Shimlas will face the Stellenbosch University’s Maties side at Shimla Park in Bloemfontein for round four of the tournament on Monday 2 March 2015.

Our Player that Rocks: Niell Jordaan

Shimlas’ point scorers:

Tries: Arthur Williams, Gerhard Olivier (2), Marco Klopper, Vuyani Maqina (2), Daniel Maartens (2), Niell Jordaan
Conversion kicks: Niel Marais 4

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