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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

Democracy and political tolerance truly thrive during Qwaqwa Campus SRC elections

2016-09-16

Description: 2017 SR Qwaqwa Tags: 2017 SR Qwaqwa

The newly-elected SRC President of the Qwaqwa
Campus, Njabulo Mwali (left), being congratulated
by his predecessor, Paseka Sikhosana.
Photo: Thabiso Gamede

Voter turnout during the recent SRC elections among the best in the country at over 60%

The 2016-2017 Qwaqwa Campus SRC elections have once again proven that democracy and political tolerance are truly thriving on the Qwaqwa Campus. This was evidenced by the calm surrounding the highly contested elections ever.

According to Mandla Ndlangamandla, Electoral Committee Chairperson, this year’s elections were highly contentious, yet with a high level of tolerance.

"We only had two political structures, namely the South African Democratic Student Movement (Sadesmo) and the South African Student Congress (Sasco), but the level of engagement was really commendable,” he said.

“Of the 4 200 registered students on campus, more than 2 500 cast their votes in their quest to influence student leadership and governance to advance student aspirations," said Ndlangamandla during the handover ceremony.

In accepting the leadership baton from his predecessor, Paseka Sikhosana, the new President, Njabulo Mwali, said his immediate goal was to unite all students behind the new leadership.

In acknowledging the role student governance can play in developing the campus, the Acting Campus Principal, Teboho Manchu, said the campus was proud to have a student leadership that would always keep the interests of their constituency on top of their agenda.

“We will definitely work hand-in-hand with the new student government. In case of any disagreements, please note that you have the right to take up any such matters with the top management of the university in order to advance the entire student body,” he added.

The 2016-2017 Qwaqwa Campus SRC is as follows:

LIST OF SRC MEMBERS 2016-2017

Elective Portfolios
Name and Surname	Portfolio
Njabulo Mwali	President General
Siyabonga Ngubo	Deputy President
Joy Mapule Motloung	Secretary General
Bongela Nyandeni	Treasurer General
Mpumelelo Tshabalala	Politics and Transformation
Nomcebo Mqushulu	Media and Publicity
Ntokozo Michael Masiteng	Student Development and Environmental Affairs

Ex Officio Portfolios
Khulani Mhlongo	Arts and Culture
Polaki Mazibuko	Academic Affairs
Ntokozo Mbali Thango	Sports Affairs
Motlatsi Lisley Lebona	Religious Affairs
Sandile Ntamane	Residence Affairs
Itumeleng Chefter	RAG Comm. and Dialogue
Thulebona Thomas Khumalo	Off-campus

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