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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

Kovsies defend tennis title in Sun City

2017-04-01

The first and second tennis teams of the University of the
Free State were first and fifth respectively among the 14
teams competing in the Egalite Invitational challenge.
Photo: Arne Nel

Although a tournament victory was not the Kovsie tennis team’s main goal, they still managed to outplay the best in the country.

The first team of the University of the Free State (UFS), who have been the champions of the combined USSA format for the past six years, successfully defended its title to end the Egalite Invitational challenge in Sun City unbeaten.

Second team also performing well

On 26 March 2017, the Kovsie first team defeated Puk’s first team 35-20 (games) in the final. Their second team also performed well and won against Tuks’ second team 31-21 to end fifth among the 14 teams. The matches in the tournament, which took place from 24 to 26 March 2017, were played in World Team Tennis format.

In the group stages, the Kovsie first team beat Puk’s second (35-12), Puk’s fourth (35-8), Tuks’ second (35-12), Maties’ first (31-19), Puk’s sixth (35-5), and Tuks’ third (32-16) teams. The team consists of Arne Nel, Christo Koekemoer, Emke Kruger, Lienke de Kock, Ansunica Brits, and Reze Opperman.

Preparation for USSA

Apart from USSA, the Sun City tournament is the other major tournament in which the UFS annually competes. “Of course you want to win, but unlike at USSA, this was not our main focus in Sun City,” says Janine de Kock, the Kovsie team manager. “We wanted to try new combinations and provide exposure to new players.”

A total of five of the 12 players in the two teams were newcomers. They are Lienke de Kock (first team), Handré Hoffman, JC Conradie, Brieta Pienaar, and Daniel de Villiers (all second team). According to Janine de Kock, it was especially important to test new doubles combinations before USSA.

“We always knew the first team is a good team with a chance, but we are very impressed with the second team’s fifth place.”

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