Question NW3148 to the Minister of Justice and Correctional Services

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07 September 2015 - NW3148

Profile picture: Robinson, Ms D

Robinson, Ms D to ask the Minister of Justice and Correctional Services

(a) How many cases of human trafficking did his department prosecute in the (i) 2010-11, (ii) 2011-12, (iii) 2012-13, (iv) 2013-14 and (v) 2014-15 financial years, (b) how many of the specified cases resulted in successful convictions and (c) (i) how many of the specified cases involved female victims and (ii) what was the nationality of the victims identified in each case?

Reply:

(a) The National Prosecuting Authority has reported the following numbers of prosecutions for human trafficking during the financial years requested:

  1. 2010/11: 1;
  2. 2011/12: 1;
  3. 2012/13: 3;
  4. 2013/14: 1; and
  5. 2014/15: 19.

The NPA has added that several cases are currently under investigation and in order not to jeopardise these cases that are sub judice, the NPA is unable to provide any information regarding the said matters.

(b) How many of the specified cases were convictions?

  1. 2010/11: 1;
  2. 2011/12: 1;
  3. 2012/13: 3;
  4. 2013/14: 1; and
  5. 2014/2015: 7 convictions.

Based on the information available at the time of this response, the NPA is only aware of two additional prosecutions on trafficking which resulted in an acquittal (both in the Western Cape. In the one matter the accused was convicted on minor charges and in the other case, the complainant refused to testify.

Progress in other matters: In eight (8) matters, the cases are partly-heard; in one case, the trial is to commence in October 2015; in one case, the trial date was set on 25 August 2015; and in two cases, bail applications will still be heard.

(c) (i) How many of the specified cases involved female victims?

Statistics regarding the gender of the victim was not captured and are therefore unavailable. However, based on experience, the NPA’s cases involve predominantly female victims.

(ii) What was the nationality of the victims identified in each case?

Statistics regarding the nationality of the victim was not captured and are therefore unavailable.

BACKGROUND INFORMATION AS RECEIVED FROM THE NATIONAL PROSECUTION AUTHORITY:

(a) How many cases of human trafficking was prosecuted in the financial years as indicated:

(i) 2010 – 2011

NAME

PROVINCE / DIVISION

DATE

STATUS

S v Eloff & Another

Free State

2009

CONVICTION – Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 8 years imprisonment suspended for 5 years on conditions.

(ii) 2011 – 2012

NAME

PROVINCE / DIVISION

DATE

STATUS

S v Dos Santos

North Gauteng

2011

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 (4 charges). Sentenced to life imprisonment.

(iii) 2012 – 2013

NAME

PROVINCE / DIVISION

DATE

STATUS

S v Shembe

Western Cape

2012

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 23 years imprisonment.

S v Ntonga & Bell

Eastern Cape

2013

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 10 years imprisonment.

S v Gwambe

Mpumalanga

2013

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 15 years imprisonment.

(iv) 2013 – 2014

NAME

PROVINCE / DIVISION

DATE

STATUS

S v Jezile

Western Cape

2014

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 and Rape section 3 of Act 32 / 2007. Sentenced to 22 years imprisonment (conviction and sentence confirmed on appeal).

  1. 2014 – 2015

NAME

PROVINCE / DIVISION

DATE

STATUS

S v Allima

KZN

2014

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to life imprisonment.

S v Simelane

North Gauteng

2014

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 and Rape section 3 of Act 32/2007. Sentenced to 30 years imprisonment.

S v Mabuza

Mpumalanga

2014

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 (8 charges). Sentenced to life imprisonment on all 8 charges.

S v Wang

Western Cape

2014

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Postponed for sentence.

S v Knoetze

Eastern Cape

2014

CONVICTION – Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 15 years imprisonment.

S v Uche & Others

KZN

2015

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Postponed for sentence.

S v Palan & Another

KZN

2015

CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 10 years imprisonment.

S v Rugnath

KZN

2014

Partly heard

S v Mansaur

KZN

2014

Partly heard

S v Matini & Another

Eastern Cape

2014

Partly heard

S v Gudwana

Western Cape

2014

Partly heard

S v Tiki & Others

Western Cape

2014

Partly heard

S v Wellem & Others

Western Cape

2014

Partly heard

S v Agasi & Others

Western Cape

2014

Partly heard

S v Jooste

Western Cape

2014

Trial to commence in October 2015

S v Zweni

KZN

2015

Partly heard

S v Chijoko & Another

WC

2015

Trial date to be set on 25/08/2015

S v Mbene & Another

WC

2015

For bail application on 27/8/2015

S v Okoye & Others

WC

2015

For bail application on 28/9/2015

Several cases are currently under investigation, in order not to jeopardise these cases that are sub judice, we are unable to provide any information regarding the said matters.

(b) How many of the specified cases were convictions?

See schedule as per paragraph (a) supra. Based on the information available at the time of this response, the NPA is only aware of two additional prosecutions on trafficking which resulted in an acquittal (both in the Western Cape. In the one matter the accused was convicted on minor charges and in the other case, the complainant refused to testify.

(c) (i) How many of the specified cases involved female victims?

Statistics regarding the gender of the victim was not captured and are therefore unavailable. However, based on experience, the NPA’s cases involve predominantly female victims.

(ii) What was the nationality of the victims identified in each case?

Statistics regarding the nationality of the victim was not captured and are therefore unavailable.

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