Free reign for traffickers

29 July 2015 - 02:08 By Aarti J Narsee

Nigerian trafficking syndicates are dominating commercial sex trafficking in South Africa, with many victims in the Western Cape being coerced through the use of "voodoo". Cape Town is also home to Russian and Bulgarian syndicates who operate in sex trade and Chinese nationals who organise the trafficking of Asian men and women.These “well- established and complex” trafficking syndicates are situated in the commercial, busy urban cities like Johannesburg, Durban and Cape Town.This grim picture of trafficking locally is highlighted in the Trafficking in Persons Report 2015 released by the US Department of State on Monday.The report slates South Africa for not bringing the Prevention and Combating of Trafficking in Persons Act into operation. The act was signed into law in July 2013 already.Out of three possible tiers of classification, the report labels SA in tier two because we are not fully compliant with minimum standards for the elimination of trafficking.Experts said that because the law is not operational, as regulations are yet to be finalised, it has impacted on prosecution of traffickers and the length of their punishments.The National Prosecuting Authority has had three convictions of trafficking cases and has initiated prosecution in 19 cases for 2014, but it is unable to use the new law and relies on other acts.Independent researcher and member of the KwaZulu- Natal Human Trafficking , Prostitution, Pornography and Brothel Task Team (HPPB), Dr Monique Emser, said that while the NPA was still prosecuting cases, the new act would enable more “stringent penalties“.Professor Beatri Kruger, from the University of Free State’s Department of Public Law, added: “We need the Act to come into force now to enable us to prosecute all forms of trafficking, including trafficking for body parts and to provide adequate services to victims”.The act has not been put in operation partly because the Department of Home Affairs' draft regulations have remained under review, the report noted. In addition the “inter-ministerial and operational cooperation was ineffective". Other responsible departments include the Department of Justice, Social Development, SAPS and the National Prosecuting Authority.Spokesperson for the Department of Justice and Correctional Services, Mthunzi Mhaga, said that the act is expected to come into operation "sometime in August"...

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