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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

UFS student government elections declared free and fair

2015-09-04

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Video: SRC announced (Bloemfontein Campus)

The 2015/2016 Student Representative Council (SRC) elections on the Bloemfontein and Qwaqwa Campuses of the University of the Free State (UFS) have been declared free and fair.

The institutional Independent Election Commission Chairperson, Mandla Ndlangamandla, commended the high level of cooperation displayed by all students who participated in the peaceful and organised elections on the Qwaqwa Campus.

“We are proud to indicate that from the beginning of the election process, there were no incidents of intimidation, disruption, threats, and violence that were reported,” he said.

Announcing the election results at Bloemfontein Campus, the representative of the Electoral Commission of South Africa (IEC), Andrew Ndelele, also confirmed that the commission had ensured that the elections were credible.

Voter turn-out increased at both campuses compared to the previous year. The elections, which took place from Friday 28 August to 1 September 2015, saw 8% and 0.7% increases in votes casted at the Qwaqwa and Bloemfontein Campuses, respectively.

Paseka Sikhosana, President-elect of the Qwaqwa Campus, commended the unity and orderliness displayed by students: “After the polling stations had closed, we came together and sang in peace”.

Incoming SRC President of the Bloemfontein Campus, Lindokuhle Ntuli, also endorsed the impartiality of the elections, while expressing how humbled he was by the support he received during the campaigning period.

Bloemfontein elective portfolios:

Bloemfontein Campus president: Lindokuhle Ntuli
Photo: Johan Roux

President: Lindokuhle Ntuli
Vice-President: Mpho Khati
Secretary: Tsietso Mafaso
Treasurer: Katleho Masheane
Culture: Delia Moumakwe
Sport: Kabelo Elijah Noosi
Transformation: Katleho Mmolayeng Letube
Student Accessibility and Support: Victor Fana Sejane
Media and Marketing: Peo Morwesi Segano
First-generation students: Nicola King
Legal and Constitutional Affairs: Luke Harrold Small
Student Development and Environment: Karabo Pheko

Bloemfontein ex officio portfolios:

Associations Student Council: Sikhulekile Luwaca
Academic Affairs Student Council: Letsika Liqoalane
Campus Residences Student Council: Ingrid Wentzel
Commuter Student Council: Audrey Sithebe
Postgraduate Student Council: Kamogelo Dithebe
International Student Council: Takudzwa Gezi
Student Media Council: Hatsu Mphatsoe
Rag Fundraising Council: Tubatsi Moloi
Rag Community Service Council: Johan Diedericks

Qwaqwa Campus president: Paseka Sikhosane
Photo: Thabo Kessah

Qwaqwa elective portfolios:

President: Paseka Sikhosane
Vice-President: Zethu Mhlongo
Secretary: Nondumiso Langa
Treasurer: Palesa Selepe
Student Development and Environmental Affairs: Lindokuhle Ngubane
Media and Publicity: Bongiwe Buthelezi
Politics and Transformation: Nthabiseng Mokoena

Qwaqwa ex officio portfolios:

Academic Affairs: Edward Nkadimeng
Arts and Culture: Kwenzakwenkosi Mthethwa
Sports Affairs: Thabo Zengele
Rag and Dialogue: Dieketseng Mokoena
Religious Affairs: Mamosebetsi Mokoena
Residence Affairs: Pheletso Moekoa
Off-Campus: Nicholas Sibeko

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