Response to Human Trafficking in South Africa: Beyond the Criminal Justice System

Abstract

This article evaluates the efforts of the South African criminal justice system in combating human trafficking. The phenomenon of human trafficking has been a resonating issue of concern to the South African State. Several women, children, and to a lesser degree men have been entrapped in the web of exploitation produced via trafficking, in the country. Steps have been taken by the State to combat the scourge by enlisting human trafficking among crimes that require an effective criminal justice response, including the enactment of an anti-trafficking law for it to be combated. But then, instead of diminishing, the menace is still on the rise. From the findings of a broader doctoral study on ‘examining human trafficking and the response of the South African criminal justice system’, using mixed-method approach, it was discovered (amongst others) that the South African criminal justice system cannot effectively combat human trafficking in the country. Specifically, the study found that the triggering factors that engendered the vulnerability and eventual exploitation of people through trafficking fall outside the scope of the justice system. Findings also indicated a strong linkage between failure of social institutions and a rise in human trafficking in the country. The study further make recommendations for an enduring approach.

Effective Response to Human Trafficking in South Africa: Law as a Toothless Bulldog

“…It was a case of a South African lady—Saartjie Baartman—a 21-year-old domestic servant—who consented to travel to London with Dr William Dunlop, and later France, in search for greener pastures. After arriving in London, she was viciously violated and exploited, to the extent of being exhibited in the nude before crowds in London who paid one shilling per person to “gawk at the Hottentots Venus from Africa” (Bello, 2015, p. 67; Martens et al, 2003, p. 5; Mollema, 2013, p. 382).…”

“…Martens et al (2003, p. 5) indicate that “her body was dissected, her skeleton was removed, and her brain and genitals were pickled and displayed as curiosities in the Musee de l’Homme in Paris for the next 160 years.” This chronicle is a microcosm of the ordeal that most trafficked victims experienced in the hands of ruthless traffickers. Although human trafficking differs from human slavery, but it encloses some “structural practices” that are comparable to slavery (Bello, 2015, p. 68).…”

“…Studies have shown that human trafficking is prevalent in South Africa (Bello, 2015; Buthelezi, 2015; Emser & Francis, 2017; Van der Watt, 2018a; Van der Westhuizen, 2015). Unfortunately, the accuracy of several contentions on the prevalence of trafficking in the country is difficult to validate due to the sketchiness of available data (Allais, 2013; International Labour Organization, 2012).…”

“…Studies have shown that human trafficking is prevalent in South Africa (Bello, 2015;Buthelezi, 2015;Emser & Francis, 2017;Van der Watt, 2018a;Van der Westhuizen, 2015).…”

“…From a sample of 30 participants drawn from criminal justice institutions and non-governmental organizations (NGOs), this article assesses the effectiveness of current anti-trafficking legislation in South Africa. It is drawn from the findings of a broader doctoral study that examined human trafficking and the response of the South African criminal justice system ( see Bello, 2015). It also critiques the Palermo Protocol and the comprehensive South African anti-trafficking law, and proposes pragmatic procedures for a durable result.…”