Abstract

Human trafficking is generally understood to refer to the process through which individuals are placed or maintained in an exploitative situation for economic gain. Trafficking can occur within a country or may involve movement across borders. Women, men and children are trafficked for a range of purposes, including forced and exploitative labour in factories, farms and private households, sexual exploitation, and forced marriage. Trafficking affects all regions and most countries of the world and South Africa is no exception. This study attempt to evaluate the effectiveness of the South African Criminal Justice System (CJS) in combating human trafficking. This study was carried out utilising a qualitative approach. Forty interviews were carried out among officials deployed in the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS), the Department of Home Affairs (DHA), the Department of Social Development (DSD), the Gauteng Provincial Office, as well as with the victims regarding their views and experiences on the stakeholder’s involvement in combating and investigating human trafficking. The key findings indicated that the challenges are lack of resources, capacity, budget and lack of cooperation from victims of human trafficking in supporting ongoing investigations, in adequate awareness was also a major challenge for law enforcement agencies, training, knowledge and skills to deal with human trafficking was identified to be also a big challenge for the relevant stakeholders, the findings also indicated a lack of clear strategy and response by stakeholders to successfully investigate, prosecute and incarcerate the perpetrators of human trafficking. Based on the findings, the author provided, possible recommendations such as; the South African government should develop internet regulations and policies to regulate the internet, advanced training and better education including improved awareness strategies; and collaboration with community police forums to strengthen partnerships, improve support and ensure relationship between the SAPS and the community.

Highlights

  • Human traffickers prey on people who are poor, isolated and weak

  • The study has made a huge impact in terms of closing the gaps in combating human trafficking in South Africa

  • The literature review has indicated that human trafficking in South Africa does not have statistics and that South African Police Service (SAPS) does not release the statistics of human trafficking annually with other crimes committed

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Summary

Introduction

Human traffickers prey on people who are poor, isolated and weak. Issues such as disempowerment, social exclusion and economic vulnerability are the result of policies and practices that marginalize entire groups of people and make them vulnerable to being trafficked (Motseki, 2020). According to a US Department of State report published in June 2013, ‘South Africa is a source, transit, and destination country for men, women, and children subjected to forced labour and sex trafficking. Nigerian syndicates dominate the commercial sex trade in Hillbrow and other areas, though local criminal rings and street gangs organise child prostitution; Russian and Bulgarian crime syndicates operate in the Cape Town sex trade (Motseki, 2018; Yesufu, 2020). Human rights law has prohibited discrimination on the basis of race and sex; it has demanded equal or at least certain key rights for non-citizens; it has decried and outlawed arbitrary detention, forced labour, debt bondage, forced marriage, and the sexual exploitation of children and women; and it has championed freedom of movement and the right to leave and return to one’s own country. The use of a qualitative research approach enabled an in-depth appreciation of the participants’ responses and a detailed understanding of the stakeholders views of implementation of anti-trafficking laws

SAPS DSD
Conclusion
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