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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 have a bunch of fighters for a tough week, says Scholtz

2016-03-18

Scrumhalf Zee Mkhabela is one of the senior Shimla players who will have to help his team play three Varsity Cup matches within a week. Photo: Christaan Kotzé/SASPA

Luckily, he has a bunch of fighters in his rugby group to take on the week ahead, which is almost like a USSA rugby week with a lot of matches in a row.

This is what Hendro Scholtz, the Shimla coach, had to say about the upcoming Varsity Cup week, with his team playing three games within a week. His team will play against the University of Johannesburg (UJ) on 21 March 2016, after which they will face Maties in Cape Town on 24 March 2016, and then take on Pukke in the Mother City on 28 March 2016.

The schedule for the Varsity Cup series had to be adapted due to the recent unrest on campuses across South Africa.

According to Scholtz, the versatility of his players and the attitude of the University of the Free State (UFS) rugby team counts in their favour for the week that lies ahead. Several of the Shimla players can play in more than one position.

The Shimlas will travel with a group of 29 players, and will, after their match in the City of Gold, fly directly to Cape Town for their other two league matches.

“We will take six extra players (other than the 23-man squad) with us,” Scholtz said.

“One should select a group for this week that can fight, hang in there, and are able to play another match or two. It is like a USSA week where you need fighters.”

Prop Chase Morison, who was given a red card against the Central University of Technology in Johannesburg on 14 March 2016, wasn't sighted, and is available to play again. The Shimlas are still unbeaten after winning 10-9 against CUT in the FNB Stadium. Flyhalf Pieter-Steyn de Wet, who missed the game against CUT due to an injury, will be able to play against UJ.

The Kovsie Young Guns and Vishuis, the residence representative for the UFS, will also play a couple of matches in the coming week.

Fixtures:

Shimlas: 21 March: Shimlas v UJ (FNB Stadium); 24 March: Maties v Shimlas (Cape Town Stadium); 28 March: Puk v Shimlas (Cape Town Stadium).

Kovsie Young Guns: 19 March: Kovsie Young Guns v UJ (Rand Stadium); 24 March: Puk v Kovsie Young Guns (Rand Stadium).

Vishuis: 24 March: Vishuis tv Harlequins (NMMU, Rand Stadium); 26 March: Mopanie tv Vishuis (Tuks, (Wanderers Rugby Club); 28 March: Oppierif v Vishuis (UJ, FNB Stadium).

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