A JOHANNESBURG High Court Judge has slammed the Minister of Police and the Minister of Home Affairs for failing to uphold the constitutional rights of four suspected victims of sex trafficking.
This in a ruling applauded by camp fighters for the rescue and protection of human trafficking victims in the country.
Judge Modiba scolded officials for not dealing with the four Thai women according to the Prevention and Combating of Trafficking in Person’s (TIP) Act.
The Act is aimed at the protection of suspected victims against secondary victimisation through prosecution, detention and deportation to their country of origin, where they may also be prosecuted or endangerment by syndicates.
The court ordered the immediate release of the women, who were among 40 arrested in a massive raid at a Johannesburg hotel.
The Judge ordered they be transported to a place of safety and dealt with in terms of the Act.
The women were arrested on 20 November last year and detained at Johannesburg Police Station until 3 December, for contravention of the Immigration Act, before being relocated to the Lindela Repatriation Facility for more than two months, pending deportation to Thailand.
This despite the strong suspicion that they were victims of sex trafficking, according to informants.
They were all engaged in sex work at the hotel.
Application opposed
The raid was duly authorised and conducted by SAPS and Home Affairs officials, after receiving information that the hotel was used for the distribution, trafficking and smuggling of persons into the country.
They intended to rescue victims.
But the Judge said he found it astonishing that officials undertook such a large operation to erupt a large scale trafficking hub, but failed to apply the relevant legislation.
The Commission for Gender Equality on request of the court, acted as amicus curiae on behalf of the women, after the Minister of Home Affairs opposed the application for their release.
Trafficking in person violates several constitutional rights including the right to equality, freedom and security of person, the right not to be deprived of freedom without cause and the right to not be subjected to cruel, inhumane and degrading treatment.
In terms of the TIP Act, a police officials may enter a place suspected of conducting trafficking in persons without a warrant and may only take victims in protective custody to ensure their immediate safety, whereafter they must be transported to a place of safety.
The officer must within 24 hours refer the person to an accredited organisation and inform the Provincial Department of Social Development of the person.
Foreigners must be informed that they may apply for a temporary visitor’s visa and may stay in the country for a period of recovery and reflection.
They also have the right to medical care and transportation.
No criminal prosecution may be instigated against a suspected victim of trafficking without written authorisation of the Director of Public Prosecution.
The judge ordered that the identity of the women and the establishment may not be published.
The ruling was welcomed by the KZN Human Trafficking, Harmful Traditional Practices, Pornography, Prostitution and Brothels Task Team.
