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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

Culture contributes to success of UFS rugby teams

2015-12-15

The Sevens team of the University of the Free State followed in the footsteps of the Shimlas when the team was crowned national champion. The Kovsies Sevens team beat Tukkies April in the final of the Varsity Sevens tournament. Photo: Supplied.

The University of the Free State (UFS) Rugby Club has succeeded once again in creating a culture of values.

Marius van Rensburg, Chairman of the UFS Rugby Club, believes this was one of the reasons why Kovsies had so many rugby successes this year.

The UFS knows that money, which is more abundant at bigger universities, won't change the club into a rugby force, but "there is something special here," he said.

Van Rensburg added that the success of Shimlas, who won the Varsity Cup for the first time, also helped to build a winning culture.

Seven finals

Seven of the UFS Rugby Club's teams played in finals during 2015.

Shimlas beat the Pukke in the Varsity Cup final at Shimla Park on the Bloemfontein Campus.

The Kovsie Young Guns (against Tukkies) and Vishuis (Mopanie from Tukkies) got stuck in Bloemfontein in Varsity Cup finals.

The Shimlas won Section B of the USSA tournament in Johannesburg (against Madibaz in the final).

A strong Irawa rugby team beat Shimlas in the City Cup.

The Kovsie Sevens team was crowned as the Varsity Champions in Cape Town after beating Tukkies in the final. The team was beaten by Maties in the final of the USSA Sevens tournament in George.

Shimlas lays foundation

According to Van Rensburg, the Varsity Cup triumph by Shimlas laid a good foundation.

“After what happened in the Varsity Cup, the winning culture kind of washed over the other teams,” he said.

He also thinks the 2015 successes didn't happen overnight, but that the club managed to bring back good values. He feels that Franco Smith, the former Shimlas coach who is the Cheetahs’ current coach, also played an important part.

Greater pressure in 2016

In 2016, the UFS's rugby teams will have a greater target on their backs.

Van Rensburg agrees that there will be greater pressure, but the structures are in place.

He feels that Varsity Cup success goes together with a touch of luck, of which Shimlas had some this year.

“Looking at the draw, Shimlas will play their first two matches away against Ikeys and Tukkies. Therefore, after two matches, one might have no league points, and that would place the team under immediate pressure.”

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