Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
03 April 2023 | Story Valentino Ndaba | Photo Supplied
Dr Marcel van der Watt is a Research Fellow at the Free State Centre for Human Rights at the University of the Free State.

Not only is human trafficking illegal, but it also constitutes a gross violation of human rights. The fundamental rights of trafficked individuals to make their own decisions, to move freely, and to work for whomever they choose are violated by traffickers, who treat them like a commodity.

The first report from a larger study on the scope and nature of human trafficking in South Africa was released at an opportune moment, as the country observes Human Rights Month. The study's recommendations will help to ensure that South Africans' rights are upheld and safeguarded. The evidence of the comprehensive study (to be released in March) will elevate data into a more prominent role in public-policy debates and bolster South African institutional capacity to participate in, and lead this process through partnership with United States institutions and engagement with the Government of South Africa (GOSA).

The report is a culmination of a comprehensive multi-year, multi-sectoral, and multidisciplinary Trafficking in Person (TIP) study conducted by the United States Agency for International Development (USAID) in collaboration with research partners, including Dr Marcel van der Watt, a Research Fellow in the Free State Centre for Human Rights (FSCHR) at the University of the Free State (UFS). 

The goal of the report titled: Research into the nature and scope of trafficking in persons in South Africa: Prevalence insights from the criminal justice system and relevant reporting mechanisms, is to educate policymakers in the GOSA, as well as development and implementing partners, service providers, and others about the scope and nature of trafficking in persons in South Africa.

According to Dr Marcel van der Watt, “the findings from the research confirm that sex trafficking continues to make up most of both reported cases and prosecutions of TIP, while labour trafficking prosecutions, similar to trends observed internationally, are severely lacking. Extreme violence is meted out by traffickers, while places where exploitation occurs are embedded in communities and operate for protracted periods without any meaningful law enforcement intervention. The prominence of consumer‐level demand for commercial sex was evident in potentially thousands of sex buyers who “used the services” of adult and child victims of sex trafficking.”

“Despite adequate laws to address this dimension of TIP in South Africa, sex buyers continue to exploit women and children with impunity. Several adult websites, some advertised on public roadways, are repeatedly implicated in ongoing and successful sex trafficking prosecutions, yet none have been prosecuted,” said the UFS Research Fellow. 

He added that the findings are but just some of those that paint a concerning picture, especially considering the proposed Bill by the South African government that will make brothels, brothel-keeping, pimping and sex buying legal in the country. The question we need to ask is: How will this play out in neighbourhoods and communities across the country? And how will this decision impact the issue of Gender Based Violence, the safety of women and children, and the problem of human trafficking in the country?

Findings and recommendations

The study's findings show that sex trafficking continues to account for the majority of TIP prosecutions and reported cases, whereas labour trafficking prosecutions are severely inadequate, in line with global trends.

The following recommendations were presented to the Government of South Africa:

  • Establishing an integrated information system to support effective monitoring and implementation of the PACOTIP Act and providing evidence on TIP prevalence, as specified in Section 41(1) (b)
  • Employ Section 7 of the PACOTIP Act and Sections 11 and 17 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as legislative tools to reduce the demand that encourages trafficking in persons for sexual exploitation
  • Implement and abide by South African Police Service National Instruction 4 of 2015 to the letter, which is concerned with data integrity, the use of detectives in police stations, and the recording of TIP and associated information on the SAPS crime administration system.
  • In addition to financial investigations, asset forfeiture, and a counter-corruption strategy, establish specialised capacity for proactive, intelligence-led, and court-driven investigations.
  • In research and policy discussions pertaining to prostitution and pornography, gender-based violence, child abuse, labor violations, and irregular migration, give priority to the legally binding TIP definition and "abuse of vulnerability" as defined in the PACOTIP Act in order to accurately identify and prevent the undercounting of TIP cases among these phenomena.
  • Recognise the National Human Trafficking Hotline as an additional official South African reporting system that accepts TIP reports.

About the Free State Centre for Human Rights (FSCHR)

The FSCHR is an institution that focuses on the connection between human rights and transformation through its critical, interdisciplinary, and contextually involved research, advocacy, and legal practice. Research, advocacy, and litigation at the Centre concentrate on issues in the UFS, Bloemfontein, the Free State province, and Lesotho.

Human Rights and Impoverishment, Human Rights and Democracy, and Human Rights and Identities are the three main areas of research for the FSCHR. Courses offered by the Centre include the Interdisciplinary Masters of Human Rights, a Master’s Degree by Full Dissertation, and a doctoral programme in Human Rights, including Doctor of Laws (LLD) and Doctor of Philosophy (PhD). 

The Centre is primarily a research institution for academia, although it also engages in contextual work. In addition to its Research and Postgraduate Divisions, the Centre has a Legal Services Division that works as a Free State-focused public interest litigation unit in collaboration with the UFS Law Clinic and an Advocacy Division that advocates for transformation-related human rights at the UFS.

On the campuses of UFS and more broadly in the Free State Province, Lesotho, and all of South Africa, the Advocacy Division fosters transformation through advocating for and educating about human rights. The FSCHR's Legal Services Division is a strategic litigation unit for human rights that represents clients in court on their behalf or as amicus curiae in an effort to advance social justice, human rights, and transformation. 

The Division focuses on issues that arise in the Free State Province regarding evictions, socioeconomic issues, service delivery issues, accountability in municipal and provincial governance, and corruption. The South African Human Rights Commission, Free State Province, and the UFS Law Clinic cooperate with the Division's operations.

News Archive

Statement on protest at the UFS
2005-03-04

Following a protest by student and non-student organisations today, the management of the University of the Free State (UFS) would like to place the following facts on record:

1. There is a well-documented process underway to further transform the UFS. At the official opening of the UFS on 4 February 2005 , the Rector and Vice-chancellor, Prof Frederick Fourie, announced that the UFS would draft a comprehensive Transformation Plan to guide the next phase of transformation at the institution.

The UFS appeals to student formations, staff associations, trade unions and other role-players to make a constructive input into this Transformation Plan.

The UFS management has been - and always will be - willing to engage with role-players and is prepared to do so even after today’s protest.

2. There is thus no regulation or policy prescription which separates students in hostels according to race.

The reality is that students exercise their freedom of choice as to which hostel they wish to be placed in. This was agreed upon by black and white students in 1997/8.

However, the unintended consequence and practice of this hostel placement policy has been that students themselves have tended to choose to stay in hostels which have over time become black hostels and white hostels.

This is a matter of concern for the management of the UFS as such a situation does not promote interaction across language, cultural and socio-economic groupings of students.

This matter is receiving attention and an intensive consultative process, which will include students, will be launched to review this policy.

The management is convinced that such interaction will enhance the learning experience of all students and sensitise them to the reality of a multicultural South Africa and a multicultural world.

3. No student organisation has been banned from operating at any of the three campuses of the UFS.

In the past few weeks, SASCO, the Young Communist League and the ANC Youth League (ANCYL) have held meetings on all three campuses, namely the Qwaqwa campus, the Vista campus and the main campus.

There are also regular interactions between top management and the leadership of SASCO and the ANCYL on campus.

In fact, the UFS upholds the right of students and staff to associate freely and to organise themselves as they see fit.

The UFS also upholds the rights of staff and students to engage in legal and peaceful protests.

The management however remains committed to discussing issues that affect staff and students in a constructive manner and appeals to student organisations in this case to engage with management.

4. The issues of registration, fees, debt and financial aid are continually monitored, and interventions to assist students are made regularly. To assist as far as possible those academically deserving students who face financial difficulties, the UFS management has put in place a structure called the Monitoring committee that includes management and student representatives.

The purpose of the Monitoring Committee is to review the cases of individual students to determine how best they can be assisted.

This applies to the Qwaqwa campus, the Vista campus and the main campus.

It is generally the case that students who perform academically will not have any difficulty in obtaining financial assistance. However, according to the requirements of National Student Financial Scheme, students who perform poorly will have difficulty in obtaining such assistance.

5. With regard to student governance, the process to institute an inclusive Central Student Representative Council (SRC), on which all three campuses will be equitably represented, was launched in July 2004, and a preliminary constitution has just been drafted. At the same time an inclusive process to review certain elements of the constitution of the main campus SRC was initiated at the end of 2004. This process, which includes all relevant student organisations and structures, is planned to produce an outcome within the next couple of months.

6. There is no policy at the UFS that is based on racism or that discriminates on the basis of the race of students and staff.

As part of the building of a new institutional culture within the broader transformation process, the UFS management is determined to eradicate all elements of racism that may occur on its campuses, and has already instituted inclusive forums on campus to discuss the issue of values and principles for a non-racial university.

Issued by: Mr Anton Fisher
Director: Strategic Communication
Cell: 072 207 8334
Tel: (051) 401-2749
4 March 2005

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept