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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 community proud of Wayde’s hat trick of awards

2015-11-24

The Kovsie athlete Wayde van Niekerk received a hat trick of awards at the SA Sports Awards on Sunday 22 November 2015. He was named Sports Star of the Year, Sportsman of the Year, and was crowned as winner in the People’s Choice category.
Photo: Charl Devenish

Wayde changed the game – Naidoo

For a long time, AB de Villiers and Chad le Clos have dominated fan support in South Africa, but Wayde van Niekerk changed the game.

This was what Kass Naidoo, well-known sports journalist and cricket commentator, tweeted after the Kovsie athlete, Wayde van Niekerk, made a clean sweep at the tenth SA Sports Awards in his home town, Bloemfontein, on Sunday 22 November 2015.

According to Naidoo, the golden boy from the University of the Free State (UFS) is now the hottest property in South Africa, and should be watched during the 2016 Olympic Games in Rio de Janeiro.

Hat trick for Kovsie athlete
Naidoo was one of several celebrities to congratulate Van Niekerk on Twitter after Wayde received a hat trick of awards in the Sand du Plessis Theatre. The 400 m athlete was named Sports Star of the Year, Sportsman of the Year, and was crowned as winner in the People’s Choice category.

Apart from this, a humble Van Niekerk received total prize money of R1,1 million and two luxury Mercedes Benz vehicles - one for Sports Star of the Year and one as People’s Choice winner.

Big names outperformed
What makes his awards even more remarkable is the fact that he has outperformed several big names.
In addition to De Villiers and Le Clos, the tennis player, Kevin Anderson, the swimmer, Cameron van der Burgh, and the athlete, Caroline Wöstmann, were all nominated for Sports Star of the Year.

For the People’s Choice Award, Van Niekerk beat De Villiers, the cyclist, Ashleigh Moolman-Pasio, (who was crowned Sportswoman of the Year), Le Clos, and the wheelchair tennis player, Lucas Sithole. The public voted for this award.

Le Clos was nominated with the mountain biker, Greg Minnaar, for Sportsman of the Year.

Best is yet to come
“I don't think we have seen the best of Wayde. Hopefully that will come in Rio next year, along with a gold medal,” Naidoo tweeted.

The Springbok winger, JP Pietersen, also congratulated Van Niekerk on the social network, saying that he deserved his award as Sportsman of the Year.

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