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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

Kovsie Tennis team defends proud USSA record in Cape Town

2015-12-01

In 2014, Kovsies won gold at the USSA Tennis Tournament for the eighth consecutive time. Six players from last year's 12-man squad are in 2015 in Cape Town again available. Photo: Johan Roux

Duke Munro already has six gold medals from the USSA Tennis Tournament in his cupboard, and the Kovsie Tennis team would wish to bid him farewell in a fitting manner during what will probably be his last tournament in Cape Town.

This year's tournament, taking place from 30 November to 4 December 2015, will probably be Munro's last, since he is completing his Master's degree in Quantity Surveying at the University of the Free State (UFS).

He has competed in the USSA Tournament since 2009, and would like to help his team defend its proud record.

UFS aim for ninth consecutive title

Kovsies have won gold at the USSA Tournament for the last eight years. They are the only team who have been able to win the tournament since the combined format was adopted in 2010. In 2007 and 2008, their Women's team won the tournament, and in 2009, their Men's team.

Kovsies will play in group matches against the Universities of Venda and Wits on 30 November 2015, against the University of Cape Town's (UCT's) second team on 1 December 2015, and against UCT's first team on 2 December 2015. The cross and knockout matches will be played on 3 and 4 December 2015.

Other sporting codes

The Sevens Rugby team from the UFS will compete in the USSA Tournament in George on 30 November and 1 December 2015.

For the past two years, the team has won bronze, and will be playing three league matches on 30 November 2015 against the North-West University's Vaal Campus, Nelson Mandela Metropolitan University's Port Elizabeth Campus, and the Vaal University of Technology.

Kovsies are the current Varsity Sevens Champions after winning the title in Cape Town in April 2015.

Ten Kovsie swimmers took part in the USSA Tournament in Johannesburg from 28 November to 30 November 2015. Last year, Kovsies came third, but unfortunately some of their leading swimmers were unable to take part this year.

The Kovsie Table tennis team will participate in the USSA Tournament in Kimberley from 30 November to 4 December 2015.

Most of the USSA Tournaments in the other sporting codes were either postponed or cancelled because of the recent nationwide student protests. As a result of the protests, exams were written later, and tournaments would have taken place during the holidays.

Only the tennis, table tennis, Sevens rugby, swimming, and cricket B Division in East London will continue.

The USSA Soccer Tournament, to take place at the UFS and the Central University of Technology in Bloemfontein, was postponed until March 2016.

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