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Police Practice and Research

An International Journal

ISSN: 1561-4263 (Print) 1477-271X (Online) Journal homepage: http://www.tandfonline.com/loi/gppr20

The enforcement of anti-human trafficking law in


South Africa: a case of an aircraft without a pilot

Paul Oluwatosin Bello & Adewale A. Olutola

To cite this article: Paul Oluwatosin Bello & Adewale A. Olutola (2017): The enforcement of anti-
human trafficking law in South Africa: a case of an aircraft without a pilot, Police Practice and
Research, DOI: 10.1080/15614263.2017.1387783

To link to this article: http://dx.doi.org/10.1080/15614263.2017.1387783

Published online: 12 Oct 2017.

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Download by: [UNIVERSITY OF ADELAIDE LIBRARIES] Date: 15 November 2017, At: 21:36
Police Practice and Research, 2017
https://doi.org/10.1080/15614263.2017.1387783

The enforcement of anti-human trafficking law in South Africa: a


case of an aircraft without a pilot
Paul Oluwatosin Bello and Adewale A. Olutola
Department of Safety & Security Management, Tshwane University of Technology, Pretoria, South Africa
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ABSTRACT ARTICLE HISTORY


This article evaluates the effectiveness of current law enforcement efforts in Received 23 June 2016
combating human trafficking in South Africa. Based on a broader empirical Accepted 24 September 2017
doctoral study, it was discovered that as currently structured, the South
KEYWORDS
African Police Service (SAPS) cannot be effective in the enforcement of Human trafficking; SAPS;
anti-trafficking law in the country. Combating human trafficking among specialised; law enforcement;
other things, requires a formidable law enforcement agency that is explicitly South Africa
proficient in the modus operandi of the crime; the sophisticated cum dynamic
nature of the forces and factors that fuel the illicit trade in a vacillating milieu.
Unfortunately, academic writings on this observable position in South Africa
are scanty. Therefore, an article of this nature is not just timely but urgent.
Findings from the study (among others) revealed that a wide-gap exist
in the capacity of the SAPS, and other relevant stakeholders, to enforce
anti-trafficking law in the country. Hence, it was recommended that for a
result-oriented approach, South Africa needs to establish a specialised law
enforcement agency distinct from the regular police structure to enforce
anti-trafficking law in the country.

Introduction
The potency and credibility of any legislation in any part of the world, is determined (amongst others)
by the level of its enforcement. Without effective enforcement, laws simply become toothless-bull-dogs
that can bark, but cannot bite (Bello & Olutola, 2015). Despite the tremendous successes recorded by
several countries, including South Africa, in the fight against human trafficking, especially with the
enactment of anti-trafficking laws, the enforcement of these laws have been particlularly problematic
(Bello, 2015; Farrell, McDevitt, & Fahy, 2008).
When the Prevention and Combating of Trafficking in Perons Act (PACOTIP) was implemented
in August 2015, many South Africans possibly breathed a sigh of relief, that atleast, law enforcement
institutions now have the full backing of the law to combat human trafficking. There was also the
assumption that the State law enforcement institutions (especially the police) will be able to effectively
identify victims, and arrest traffickers – who are often organised, sophisticated and subversive in their
activities. Unfortunately, in the face of this novel initiative and assumptions, the enforcement of this
law has been particularly challenging in South Africa. Since the implementation of this law, a relatively
few arrests have been made (US Department of State Report, 2016). Just as there are wide margins

CONTACT  Adewale A. Olutola  olutolaaa@tut.ac.za


© 2017 Informa UK Limited, trading as Taylor & Francis Group
2   P. O. BELLO AND A. A. OLUTOLA

between the cases that were prosecuted, in comparison to the increasing rate of the phenomenon in the
country (US Department of State Report, 2016). While some of the lapses could partly be attributed
to the delay in the implementation of the Act, a groundswell of public concern hinges on the poor
enforcement of this law.
The primary responsibility or role of the police (as the principal law enforcement institution) in any
country is to enforce laws, and guarantee the safety of lives and properties (Oluwaniyi, 2011; Alemika
& Chukwuma, 2003; Martin, 1990; Section 205 (3) of the 1996 Constitution of South Africa). The
South African Police Service (SAPS) have the mandate to combat crimes in the country. But, with
their roles and responsibilities, many cannot still puzzle out why human trafficking still thrives in the
country today.
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Human trafficking is a threat to human lives and national security (Aronowitz, 2009). During human
trafficking operations, victims (especially women and children) are enslaved, raped and consistently
exploited in a harrowing manner. While some die in the process, several others who barely manage
to escape the horrow, are sometimes not relieved of their ordeals for years unending. Those who were
rescued by law enforcement agencies are also not given the needed support due to insufficient knowl-
edge, and understanding of the exigencies (Bello, 2015). All these concerns are worrisome, perplexing,
and thus require urgent attention!
From the abovementioned, the following questions beg for answers: given the concealed and
cross-border nature of human trafficking, can the SAPS truly be effective in stemming the tides of this
crime? Do the SAPS possess the prerequisite skills or professionalism to match the sophisticated nature
of human trafficking and mafia organisations that dominate the enterprise in a globalised world? Could
a specialised law enforcement agency against human trafficking become necessary in South Africa?
Using a sample of 20 respondents from an indepth interview with experts within the Justice Crime
Prevention and Security Cluster (JCPSC) and NGOs in Limpopo Province, this article evaluates insti-
tutional effectiveness of current State law enforcement efforts in combating human trafficking in South
Africa. Drawing on these data, this study specifically assesses whether the SAPS have the capacity
and credibility to effectively enforce anti-trafficking law in South Africa, given the rising incidences
of human trafficking in the country, in recent times. It is expected that the findings from this study,
will in no little way contribute to the lingering challenges facing law enforcement institutions in the
country, bridge the gap in knowledge, especially on the nexus between law enforcement and effective
response to human trafficking in South Africa.

Literature review and conceptual clarifications


Human trafficking is a crime of global proportion (Aronowitz, 2009; Chuang, 2006; Shelley, 2010). The
rising profile of this sophisticated crime has raised enormous doubts about the capacity and credibility
of State law enforcement institutions in combating its scourge (Bello, 2015). The gruesome nature
of this criminal enterprise and its debilitating impacts, not just on international peace and security,
but preponderantly on human lives, have consistently generated outcries from various stakeholders
across the globe. These agitations engendered the convergence of world leaders under the auspices
of the United Nations Organisation (UNO) to bring into force legal standards, in a bid to combat the
phenomenon. To this end, a number of International Conventions and Protocols were introduced at
the international level. Such landmark also propelled several States that are signatories to a number
of these conventions and protocols to domesticate some of their provisions. Efforts were also made
at the Continental, Regional and National levels to introduce legislations as part of the measures to
criminalise and combat human trafficking (Huff-Corzine, Sacra, Corzine, & Rados, 2017). Despite
these efforts, the menace of human trafficking still flourishes in several parts of the world (Dandurand,
2017; UNODC, 2014; Wilson, Walsh, & Kleuber, 2006).
South Africa is a signatory to a number of the above-mentioned international conventions and
protocols on human trafficking, and had ratified some of them (HSRC, 2010; Kruger & Oosthuizen,
POLICE PRACTICE AND RESEARCH   3

2012). The country had also introduced and implemented a comprehensive anti-human trafficking
law – the Trafficking in Persons Prohibition Act (2013). However, scholars have discovered that in spite
of the enactment and implementation of this law, several relevant stakeholders in the fight against the
menace do not have a robust understanding of the concept of human trafficking (Bello, 2015; Mollema,
2013). To this end, it is appropriate to offer a conceptual clarification on this, and other resonanting
concepts, used in this study.
Human trafficking is a relatively complex concept to define. As a matter of fact, the argument on
what human trafficking really is has been a lingering issue of debate. Di Nicola (2007, p. 51) sees the
argument as a ‘never-ending one’. Gould (2006, p. 19) also described human trafficking as ‘a slipping
concept’ that is very difficult to pin down. Much of the controversies surrounding this debate are not
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unconnected with the nexus between cultural or traditional practices and modernisation. For instance,
what is considered child (human) trafficking in the developed world is viewed as part of the normal
placement of a child with relatives or family friends, otherwise referred to as child-fostering, in the
less developed countries (Bello, 2009). The latter position is not uncommon to most African countries,
including South Africa. Such cultural or traditional practices sometimes undermine the efforts of the
criminal justice apparatus (especially the police) in combating the crime, especially when they are
confronted with a typical human trafficking case.
The enactment of the Protocol to Prevent, Suppress and Punish trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention Against Transnational Organised
Crime in 2000, has dowsed these confusions from the definition it offered. Moreover, there is a wide
acceptability of this definition (Aronowitz, 2009, p. 1). Article 3 of the protocol defines human traf-
ficking or trafficking in persons as:
The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation.
Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
The consent of a victim of trafficking in persons to the intended exploitation … shall be irrelevant where any of
the … [fore-mentioned] means … have been used. The recruitment, transfer, harbouring or receipt of a child
for the purpose of exploitation shall be considered’ trafficking in persons,’ even if it does not involve … [any of
the above-listed means]
‘Child’ shall mean any person under eighteen years of age. (Article 3)
However, for the purpose of this article, human trafficking is defined as the deception, recruitment,
transportation and transfer of persons, for the purpose of exploitation. Beyond the definition, human
trafficking has also been conceptualised in various forms: as a form of slavery (Pearson, 2005; Picarelli,
2007); migration (Aronowitz, 2009; Rao & Presenti, 2012); prostitution (Adepoju, 2005; Ali, 2005;
Melrose & Barrett, 2006); human right violation (Aronowitz, 2009); smuggling (Lee, 2007), and a
form of cross-border crime (Aronowitz, 2009; Shelley, 2010). A robust understanding of the various
ramifications of the concept of human trafficking will aid effective enforcement of anti-trafficking laws.
The term law enforcement is frequently used when referring to State agencies that play key roles in
ensuring laws are obeyed. It is basically not restricted to the police though the police are the principal
law enforcement agency in a typical democratic regime. Purpura (1997, p. 134) defines law enforcement
as ‘the application of legal sanctions to behaviours that violates a legal standard’. Law enforcement is,
therefore, the cardinal responsibility of the police of any State.
Law enforcement has a tall history that can be traced back to the era of primitive cave dwellers,
who were expected to adhere to certain rules or face punishments either in the form of banishment or
death. Hess and Orthmann (2012, p. 5) further traced law enforcement to have begun or introduced
earlier than 2000 BC as a means of regulating human conduct and enforce societal rules. According
to the duo (Hess & Orthmann, 2012, p. 5), the most primitive record of the need to regulate rules and
4   P. O. BELLO AND A. A. OLUTOLA

methods of enforcement to control human behaviour dates back to approximately 2300 BC, when the
Sumerian rulers Lipitshtar and Eshumma set standards on what constituted an offence against society.
Approximately hundred years later, the Babylonian King Hammurabi set-up rules for his kingdom,
allocating not only offences but punishments as well (Hess & Orthmann, 2012). The fundamental prin-
ciple of the Code of Hammurabi was that the strong shall not injure the weak. Hammurabi originated
the legal principle of lex talionis – an eye for an eye (Hess & Orthmann, 2012).
Parallel to the concept of law enforcement, the terms police and policing have often been used
interchangeably in many spheres, but they are not same. Pakes (2004) suggests that the term policing
implies a set of processes with precise social functions. He further describes policing as an attempt to
maintain security through surveillance and the threat of sanction (Pakes, 2004). It thus portends that
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policing is a relatively broad concept, which encompasses a wide spectrum of activities and workforce.
Human activities such as parenting, teaching, coaching, hunting, refereeing, preaching, to mention a
few, involve some kind of policing.
Police on its part refer to a State institution. While some countries prefer the use of the phrase
police force, some others like South Africa adopt the term police service. Notwithstanding the choice
of nomenclature, the police are specialised body of people who operate within the ambit of the
Constitution of a State, and are primarily responsible for the maintenance of law and order in mod-
ern societies. Though they carry out much of policing functions, the police can be distinguished from
other policing agencies in a democratic setting, through their uniform and the civil authority vested
on them. The police therefore represent the civil power of government, as opposed to the military
power of the government (Dempsey & Forst, 2013).
From the criminal justice standpoint, the police occupy a vantage position in the system. In addition
to being the closest criminal justice institution to the public, they are usually the most pressurised com-
ponent of the criminal justice system. They stand as the link between the justice system and the public.

A brief history of the SAPS


The SAPS is the national police force of the Republic of South Africa. It is also the principal law
enforcement institution in the country. It was established by the following laws: Section 214 (1) of
the 1993 Interim Constitution of the Republic of South Africa (Act No. 200 of 1993), the 1995 SAPS
Act (Act No. 68 of 1995) and the 1995 SAPS Rationalisation Proclamation (Proclamation No. R5 of
1995), and Chapter 11 of the 1996 Constitution of the Republic of South Africa.
The nomenclature – ‘South African Police Force’ was changed to ‘South African Police Service’
on 1st of April 1995, based on Section 15 of the 1995 Rationalisation Proclamation. It is pertinent
to note that the said change in police nomenclature was propelled by the same 1995 Rationalisation
Proclamation, which cemented the amalgamation of the eleven (11) Police organisations inherited
from the apartheid regime, into a single police institution in the new South African democratic dis-
pensation. Those 11 police organisations based on (Annexure A of the Rationalisation Proclamation)
include: South African Police; Bophuthatswana Police; Transkei Police; Gazankulu Police; Qwaqwa
Police; KwaZulu Police; Ciskei Police; Venda Police; Lebowa Police; KwaNdebele Police, and KaNgwane
Police. With its headquarters in Pretoria, the SAPS is organised into six divisions: the crime combating
and investigation division; the visible policing division; the internal stability division; the community
relations division; the supporting services division, and the human resource management division.

Challenges facing the SAPS in combating crime in South Africa


South Africa has a tall statistics of violence crime. Logically, therefore, one of the cardinal goals of
any regime in modern South Africa will tend towards combating, or at least, controlling the spate of
crime in the country. By implication, it suggests that enormous responsibilities rest on the shoulders
of the SAPS, in ensuring they help maintain law and order; effectively guaranty the safety and security
of lives and properties of people living within the borders of the Republic.
POLICE PRACTICE AND RESEARCH   5

Contemporarily, the SAPS and other components of the criminal justice system of South Africa
have made efforts in achieving the above unrealistic goals of crime combating often through inves-
tigation, arrests and interrogation. However, despite their efforts, certain factors tend to undermine
their capability, credibility and effectiveness.
Today, unfortunately, most of the impression and perception of the populace about the SAPS have
not really changed from how it was perceived in pre-democratic South Africa; even with the changes
in the police nomenclature from force to service in the post-apartheid era. Moreover, in contemporary
times, the crime combating tactics and approaches of SAPS to crime have often demonstrated their
allegiance to the brutal, repressive and intimidating form as practiced during apartheid.
Other issues that undermine the effective performance of the SAPS and other components of the
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criminal justice system in post-apartheid era according to Bruce (2011), and as contained in the South
Africa’s Green Paper on Policing include: corruption; Police brutality and abuse of power; delay in
judicial processes or long court proceedings; incessant court adjournments; transfer of prosecutors;
occasional absence of witnesses or victims to testify against the accused in court during trial; inade-
quate or incomplete investigation of crime; the problem of uninformed prosecutorial and adjudicat-
ing personnel; security of prosecutorial and adjudicative personnel; lack of specialised training, and
inadequate infrastructure (Bruce, 2011).
The above-mentioned factors have necessitated the raising of certain rational albeit fundamental
issues in this article, much of which have to do with the feasibility, credibility and capability of the
SAPS, in helping the State to combat the scourge of human trafficking. Is SAPS formidable enough to
dismantle the artificial structures and markets created by human trafficking racketeers in a techno-
logically advanced, and globalised world? Does it really possess the prerequisite skills and specialised
training to prevent, investigate, arrest, and support the prosecution and conviction of traffickers, while
ensuring trafficked victims’ rights are respected, protected and safeguarded? Is the crime of human
trafficking an integral part of SAPS operational mandate? These are few of the questions that sprout
out of the aforementioned factors (efficiency and capability) that undermine the efforts of the SAPS
in combating crime generally in South Africa.

‘The impossible mandate’


The prevailing assumption (especially for most countries’ policy makers) has been that the more
police officers are on regular patrol, the likelihood exist that streets will be safe from incessant. Such
position follows the traditional policing dictum that ensures police officers are ‘on the beat’, i.e. police
officers patrolling streets in a bid to deal with any problem that they come across (this view is at best
in an over-generalisation).
Pakes (2004) discovered that in several countries, most police officers spend the better part of their
time patrolling. On the surface, it is a fantastic idea, but unfortunately, it does not match much of the
realities in contemporary crime theatre. From the same standpoint, Waddington (1999) argued that
police patrol is ‘a neat idea, but unfortunately not one that corresponds to reality’.
From the angle of developed countries, using the United States of America (USA) as a case-study,
much of the studies on police patrol and crime reduction show no correlation. Pakes, for instance,
argued that in the 1970s, an experiment carried out to show the nexus between police patrol and crime
level reduction in Kansas City, revealed that the former did not have any effect on the latter (Pakes,
2004). Though there were issues raised about the validity of such claims, especially with respect to its
methodology, there is a consensus in the academic circles that the presence of police on the streets
does not often culminate in crime reduction.
One question that comes to bear from the above exposition is that: does it suggest that the police
cannot combat (prevent or reduce) crime (in the context of this study – human trafficking)? From
the researchers’ perspective, it will be very challenging to exhaustively proffer an undisputable answer
or solution to this question. Part of the reasons been that crime generally, and in particular – human
trafficking crime, which is a subset of cross-border crime, is not a one-off event, but a product of certain
6   P. O. BELLO AND A. A. OLUTOLA

interlocking factors and processes. Most of these factors are embedded in current socio-cultural, polit-
ical, economic and technological milieu of most countries of the world, especially the less-developed
and developing nations, including the Republic of South Africa.
Moreover, as earlier mentioned, human trafficking is a concealed criminal activity with dreaded
organised criminal gangs of mafia driving its market. The lucrative nature of the business and the
attendant low risk involved of being prosecuted, often serve as motivation for these criminal groups to
desire to stay and remain in the monopolistic venture indefinitely, notwithstanding the global outcry
and legislations against the crime in the twenty-first century.
Most traffickers have an overbearing influence on their victims. They use various methods and
mechanisms to maintain the hold, monitor and control their victims, ranging from death threats to
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oath taking and other forms of enchantment activities like blood covenanting and voodoo (Aronowitz,
2009). All these factors make it hard for victims to sometimes cooperate with the police and other law
enforcement agencies when interrogated after an arrest.
Broadly speaking, investigating human trafficking crime or cases are often very complex, and rel-
atively difficult to detect and prosecute. For instance, in an interview conducted with the European
Union (EU) law enforcement officials as documented by Arsovska and Janssens (2009), the problem
of human trafficking crime is heightened by the growing involvement of organised crime groups on
a global scale.
Despite the numerous attempts by most countries, grey areas posing as obstacles to their efforts
largely revolve around the issue of ineffective investigation and weak enforcement. These are in addition
to inadequate measurement, monitoring, prevention and combating of human trafficking globally
(Arsovska & Janssens, 2009). Reliable statistics are sketchy and sometimes lacking. Besides, there
are scattered and often contradictory information on the phenomenon in countries, including South
Africa. These factors make cooperation between the SAPS and other components of the criminal
justice system very difficult, and the fight against the scourge a relatively futile exercise.
Similarly, efforts at combating human trafficking will be a mirage in the absence of an up-to-date
research on the phenomenon (with the goal of gathering sufficient and current data on it), and a
detail assessment of various levels and methods of interventions. It also requires a proper evaluation
of existing government policies on the menace and the political will of the State; the level of victims’
cooperation, support and assistance; intelligence gathering, environmental scanning/mapping of risk
populations and communities (crime mapping), to mention a few.
The collective response or efforts of the SAPS and other components of the South African criminal
justice system, notwithstanding, are no substitutes for an enduring solution to this age-long social
menace. Buttressing this position, Burger argued that crime combating is an impossible mandate of the
police (Burger, 2005). By implication, therefore, despite the fact that combating the crime of human
trafficking in South Africa is officially part of the mandate of the SAPS, but then, in reality, it is an
impossible task. According to Burger, the SAPS as currently structured cannot combat crime (human
trafficking inclusive) in the country (Burger, 2005). Bayley (1994) buttressing this position argues:
The police do not prevent crime. This is one of the best-kept secrets of modern life. Experts know it, the police
know it, but the public does not know it. Yet the police pretend that they are society’s best defence against crime
and continually argue that if they are given more resources, especially personnel, they will be able to protect
communities against crime. This is a myth.
Moreover, since human trafficking is largely a product of certain nuances in the current milieu, com-
bating it would require some forms of expertise. Such experties will often reflect in the degree of
competence, or prowess, dexterity, and discretion in anti-trafficking campaigns. Hence, for such to
be realised, a specialised agency needs to be established to champion this course.

Methodology
This study adopted the qualitative research approach. A purposive sampling was also utilised. The
rationale for adopting a purposive sampling technique was premised on the basis that the researchers
POLICE PRACTICE AND RESEARCH   7

were aware of certain categories of experts within the Justice Crime Prevention and Security Cluster
(JCPSC) and NGOs who can provide informative facts, relevant to the study. Specifically, twenty
(20) persons were interviewed: 7 SAPS, 3 Home Affairs, 5 NPA/ Courts, 3 NGOs, and 2 Correctional
Services officers/officials. The researchers emphasise that this sample was approved by the Tshwane
University Central Research Committee before data was collected for the study.
Face-to-face interview was held with each participant The interview questions posed to the respond-
ents vary. Questions were asked in relation to the peculiarity of each institution’s operationalisation
in relation to the subject under consideration.

Research site
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This study was carried out in the Limpopo province of South Africa. In general, the Republic of South
Africa has nine provinces, but Limpopo province was selected as a representative of the Republic of
South Africa. Though, Limpopo represents about ten percent (10.4%) of the entire South African
population based on 2011 national census, the researchers consider it the most suitable site for this
study, owing to its gateway status – which makes it a major trajectory for human trafficking. It shares
borders with three Southern African States, namely: Botswana, Zimbabwe and Mozambique.
In terms of validity. The researchers want to emphasise that the focus of the article is not sectional-
ised. It is a national issue (i.e. there is no specialised law enforcement institution in entire South Africa
that enforces anti-trafficking law). Even if the entire country is sampled, the researchers are convinced
that the findings in relation to the context of this article will be the same.

Results
As aforementioned, a qualitative research approach was utilised in this article. The peculiarity of issues
under consideration may be very difficult to evaluate through the survey approach. Therefore, the
analyses in this section are based on the 20 interviewed respondents shared among the study sample.
The views of each of the selected respondents are indicated by ‘R’ and a number.
Respondents were asked if there are specialised units in their institutions handling human trafficking
matter. Majority of the respondents confirmed the existence of some units under their institutions
while a relatively few others reported the non-existence of any specialised unit. Respondents from
the Department of Correctional Service (DCS) in particular reported that there is no specialised unit
handling human trafficking issues in the institution. They reported that the DCS is in the last line of
the criminal justice chain. They, however, posited that there are training on skills acquisitions and a
range of other developmental and reformatory programmes for inmates. Meanwhile, a respondent
from the Court also reported that progress is being made to develop a special programme on human
trafficking in the Department of Justice and Constitutional Development (DoJ&CD). When asked if
there are units in their institutions that handle human trafficking matters, the following are some of
their views:
Yes, there is the detective unit that handles all criminal matters. We also have the Hawks. (R3)

There are units like the Witness Protection and Organised Crime unit, Sexual Offences and Community Affairs
(SOCA) unit. (R6)
Here in the NPA we have the Asset Forfeiture unit, Witness Protection units, Organised Crime unit, Sexual
Offences and Community Affairs (SOCA) unit, etc.(R8)

In SAPS, we have the Organised Crime unit, the Directorate for Priority Crime Investigation (DPCI) also known
as (HAWKS), and general detectives. (R9)
8   P. O. BELLO AND A. A. OLUTOLA

In the Correctional Service, we are the last in the line. We do not have any specific unit on human trafficking
but when convicts in our custody are offered training and counselling periodically so that they can be useful to
the community after serving their terms. (R11)
There is no specific unit but a special programme is in the pipeline. (R12)
Since a number of respondents confirmed the existence of dedicated units that handle human traf-
ficking matters (cases), the next question was to ascertain the level of effectiveness of these units in
response to human trafficking. Responses from the respondents revealed that there are loopholes in
their current operations, especially in terms of their level of efficiency. Such gap is not unconnected
from some of the perennial issues affecting the criminal justice institutions in South Africa. Beyond
that, 2 of the respondents (who are not SAPS officials) reported that quite a number of the frontline
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officers do not really understand what human trafficking really is. When asked on how effective are
the units (if any) established within their institutions in response to human trafficking, these are some
of their views:
It depends on the angle you want to view it, but generally, I think the units are trying their best but there can be
room for improvements. (R14)
There are problems in the area of funding and training … (R7)
The units are functioning as designed to do, but in terms of effectiveness, I will say they are not there yet. Matters
of human trafficking are still been discussed on the radio almost every day despite their efforts. So, it means they
still have more grounds to cover in their operations. (R11)
… there is a shortage of manpower in these units. (R1)
… they are trying but the problem is that people don’t report trafficking matter on time (late reporting). (R2)
Well, these units (under NPA) are trying, but we are not there yet for certain obvious reasons … transfer of
prosecutors. (R3)
… there are still many lapses in their capacity to detect trafficking cases when they come in contact with it. (R4)
… though for us in the correctional service, we don’t have any specialised unit, but I think those created in the
SAPS, Home-affairs (DHA) and NPA are not effective. (R6)
They are trying. The problem is that the government fails to motivate us outside our monthly salary. (R9)
… there is the issue of manpower shortage and lack of adequate capacity. (R12)
… they are not effective as expected; the problem is corruption. (R19)
Concerning the challenges faced by these units in relation to combating human trafficking, reports
from the respondents specified that they are not too far from the regular issues affecting the effective
performance of the criminal justice institutions in their crime combating activities. These challenges
can be viewed from the vertical and horizontal lenses. While the inadequate funding and manpower
capacity hitches dominated much of the vertical axis, bribery and corruption, inexperience, to men-
tion a few formed the horizontal factors. The vertical issues reflect the structural gaps in government
support leading to poor morale, the problem of capacity building, adequate training, to mention a
few. The horizontal factors are those peculiar to these units specifically, and their institutions in their
operations, such as bribery and corruption, inexperience, loss of public confidence in some of these
institutions (like the SAPS), among others. When asked about their views on the challenges faced by
these units, some of them reported:
Crime is generally high in South Africa and sometimes when several crime incidences are reported almost
simultaneously, you may require the assistance of those in these units for support during investigation and
operations, so you see the problem …? (R1)
We have experienced some instances where a prosecutor handling organised crime cases are transferred to
another place and a new prosecutor who may not have thorough information about the case is given the case …
there is also the problem of funding and motivation. Do you know that prosecutors are not well paid like those
in other State institution or departments? (R3)
… they fail to know what to do sometimes when they come in contact with a typical human traffic incidence due
to insufficient training and experience. Many of them are still learning, and the problem sometimes is that those
in the units may not be the one to encounter the cases or come in contact with the victims or the traffickers, and
POLICE PRACTICE AND RESEARCH   9

since they are uninformed about what trafficking is or what it entails, they may not handle the situation well.
They may sometimes not know where to refer the matter to. (R4)
… reason had been that there are reports of bribery and corruption in these institutions, especially the SAPS
and the Department of Home-Affairs (DHA). Some of the SAPS officials are very corrupt. Foreigners often offer
them bribe when they are caught with an expired permit, even when they beat the robot when driving … (R6)
… you will agree with me that without motivation you cannot expect someone to give you his best. Mind you I
am not saying that the units are effective, but motivation sometimes makes you perform better. The government
needs to increase our salary generally and motivate us from time to time. The government should be sensitive
to the needs of the units. (R9)
As at the time most of these units were created, they were funded and motivated, but today the reverse is the
case. So, a lot of officials are leaving for better opportunities in institutions like the SAPS and South African
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National Defence Force (SANDF) where they will earn a better salary. So, in NPA for instance, you find out that
there is a shortage of manpower, and it affects these units too. So you cannot expect excellent result when there
is inadequate staffing, it will certainly bring about a wide gap in the level of capacity and effectiveness. (R12)
There are lots of corruptions going on in the DHA. Permits are issued to unqualified applicants because such
illegal migrants offered to give them a bribe in appreciation. Illegal migrants pass through the point of entry in
Musina without proper documentation sometimes after they have bribed the security officials … (R19)
Sequel to the above, the researcher asked the respondents if the establishment of a specialised law
enforcement agency will help in the effective enforcement of the anti-trafficking law in the country?
This question generated a round of debate on the issue of effective law enforcement of the anti-traf-
ficking law in South Africa. Unlike others, this question was asked using both interview and survey
approach with the criminal justice experts, and NGOs. Out of 20 respondents interviewed, 16 of them
supported the establishment of a specialised law enforcement agency outside the regular police (SAPS)
to take on the primary responsibility of enforcement of the Prevention and Combating of Trafficking
in Persons Prohibition Act No. 7 (2013).
A number of them (out of the 16) further argued that though they support State establishment of
an overarching agency, but for effective performance, such agency must work hand-in-hand with all
current units in the criminal justice institutions (especially those in the SAPS and NPA), and NGOs
(both local and international). This is in addition to receiving adequate funding and other forms of
cooperation/assistance from the government. While two were indifferent in their opinions, another
two had contrary opinions on the establishment of a specialised anti-trafficking agency in South
Africa. Part of their positions is relatively not-too-far from the narrow perspective on security matters.
They reported that such establishment will gulp resources (financial, material and manpower) and
may conflict with the role of existing law enforcement institutions. When asked about their views on
whether the establishment of a specialised law enforcement agency or institution distinct from regu-
lar police structure will help bridge current law enforcement gap in relation to anti-trafficking law in
South Africa, some of their responses are as follows:
It is not a bad idea, but such agency must work in partnership with the various units in the SAPS, including the
detectives, NGOs, and other Departments like the Department of Education, Department of Social Development
… (R4)
Well, I think so. My fear, however, is if it will not be compromised later. (R6)
Yes. It will bring some level of professionalism into the campaigns against human trafficking in South Africa. I
think there is a country in Africa that has an agency like that on human trafficking and its working, so I think
it will work. (R8)
I believe it will be more effective, because the level of crime in the country is too much for the police alone to
handle, so such agency will help to lessen the burden on the SAPS. (R12)
Like I mentioned to you that most of the border officials and the security personnel at the point of entry are
corrupt, I think if the government can set up a special agency to handle human trafficking cases, it will be much
more effective, and some of the mess we find ourselves will be cleaned up. (R19)
No, I don’t agree with it. Already we have conflicting roles and duties in the system, so I think the creation of a new
agency will conflict with the roles the SAPS are supposed to perform and that will also affect the budget. (R10)
10   P. O. BELLO AND A. A. OLUTOLA

No, I don’t think it is necessary. It is going to have high-cost implications. We cannot manage what we have.
What I think is just adequate funding … (R14)
Though there relatively few contrary opinions, a greater proportion of the respondent share the view
that the establishment of a specialised law enforcement institution or agency will effectively help to
fight and prosecute the war against human trafficking crime in South Africa.

Discussion
A summary of the above findings depicts a lag in the enforcement of anti-trafficking laws in South
Africa. However, care must be taken not generalise too harshly that efforts were not made by the SAPS,
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considering the units they have established. However, there are concerns over its capacity, morale
and professionalism as indicated in the analysis, thereby suggesting the necessity for a specialised
law enforcement agency to champion the anti-trafficking enforcement campaigns in the Republic.
Effective law enforcement is pivotal to addressing the scourge of human trafficking. This position
lend credence to the views of Shelley (2007) and Gallagher and Holmes (2008). Shelley, for instance,
argues ‘… law enforcement institutions must play a key role in addressing the problem of transnational
human trafficking’ (Shelley, 2007, p. 117).
Unfortunately, the many respondents reported that law enforcement officials’ understanding of
human trafficking is not profound. As such, if law enforcement officials’ understanding of the crime
they are to combat is not deep, their effectiveness in responding to it will certainly be in doubt. This
position supports the credibility of the findings reported by Trodes (2011) and Clawson, Dutch, and
Cummings (2006). From their studies on ‘Law Enforcement Response to Human Trafficking and
the Implications for Victims: Current Practices and Lessons Learned’, Clawson et al., found out that
‘almost half of the respondents (48%) learned about human trafficking through regular law enforce-
ment activities’ as such most of them did not display sufficient understanding of human trafficking
crime (Clawson et al., 2006, p. iii).
Parallel to the findings from this study, anti-trafficking units are often created in most countries’ law
enforcement institutions to complement the efforts of the police in combating human trafficking. The
most pronounced law enforcement approach to combat trafficking internationally has been to form
and depend on joint task forces made up of state, local, and federal agencies, including law enforce-
ment, social service providers, and mental health providers, among others (Clawson et al., 2006).
For instance, the US Department of State’s Office to Monitor and Combat Trafficking in Persons was
established to coordinate the United States’ fight against human trafficking both internationally and
across the U.S. government in conjunction with other law enforcement institutions.
Similarly, most of these institutions created a special task force units within their institutions to
provide technical support in the fight against the scourge of human trafficking in the U.S. Examples
of such task force are Office for Victims of Crime (OVC) and the Bureau of Justice Assistance (BJA).
In India, the Integrated Anti-Human Trafficking Units (IAHTU) was established at the state level.
However, the establishment of these units did not translate into a reduction in the rate of the phe-
nomenon. In a nutshell, they have not been effective. This position lend credibility to the findings of
Mofokeng and Olutola (2014).
Moreover, the various challenges confronting the South African criminal justice system enumerated
in the findings are not just peculiar to South Africa alone but are synonymous to those encountered by
the criminal justice system of the developed countries of the world. However, criminal justice response
to human trafficking will be effective if most of these problems are addressed (Bello & Olutola, 2015).
As indicated in the findings, an effective law enforcement response is key to any successful crime
combating exercise. To this end, it was reported that the establishment of a specialised law enforcement
agency will help bridge current law enforcement gap in relation to combating human trafficking in
the Republic. This finding is in line with the study of Bailey & Wade (2014).
POLICE PRACTICE AND RESEARCH   11

As mentioned earlier, though states created anti-trafficking units in their law enforcement institu-
tions but the various gaps in their operationalisation necessitated the establishment of a specialised
anti-trafficking agency. This agency will be specifically dedicated to handling the enforcement of the
anti-trafficking law(s) in the country. It will function independent of the police, though in a comple-
mentary fashion.
Countries like Romania, Uganda, The Gambia and Nigeria have a dedicated or specialised anti-traf-
ficking law enforcement institution or agency in their respective countries. In Romania, it is referred
to as the National Agency against Trafficking in Persons (NATIP). On the African stage, Uganda, The
Gambia and Nigeria are the only countries in Africa with specialised anti-trafficking law enforcement
institution or agency. Other African nations that are signatories to the United Nations Conventions and
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Organised Crime and the Palermo Protocol only have units within their police that handle cross-border
crimes (which include human trafficking).
In Uganda, there is the Ugandan National Counter Human Trafficking Taskforce (US Dept. of State
Report, 2015). In The Gambia, it is the National Agency Against Trafficking in Persons (NAATIP), and
in Nigeria, the agency is known as the National Agency for the Prohibition of Trafficking in Persons
and Other Related Matters (NAPTIP). This finding and position are relatively scarce. What is popular
as emphasised earlier, is the creation of anti-trafficking units under the police. However, it should be
noted that this specialised anti-trafficking agency could work hand-in-hand with the police for the
synergy of performance.
The above-highlighted factors undermining the capacity, credibility and effective performance of
the SAPS will be addressed when trained professionals come on board, with a mandate to enforce the
anti-trafficking laws in the country. This position is in agreement with the United States Department
of State Trafficking in Persons Report (2015). The US Department of State Report (2015) reviewed
current efforts of several States in the international system in combating the scourge of human traf-
ficking, and one of the consistent issues States face is the enforcement problem.
The issue of victims’ identification and protection is pivotal to a successful and credible justice
system. Currently, virtually all the shelters in South Africa for trafficked victims are owned and largely
run by NGOs. The shelters under the National Prosecution Authority (NPA) i.e. (the Thuthuzela
Care Centre) only cater for victims of sexual violence. Though sexual violence is part of the crimes
perpetrated under human trafficking process, other crimes or exploitation exit that are perpetrated
under human trafficking process like torture, slavery, kidnappings, prostitution, to mention a few. All
these are obviously not part of cases considered under the Thuthuzela arrangement. It is therefore not
surprising from this revelation why it has been very difficult for the several units created under the
criminal justice institutions to have been effective in the area of victims’ protection.
Adequate shelters are needed not only during victims’ ‘reflection period’ but for counselling and
confidence building; to testify against their abductors and other traffickers during the trial session.
The shelter will also help offer remedial and confidence building training for witnesses, and their pro-
tection during the trial session. The establishment of a specialised law enforcement agency to handle
human trafficking issue in the country will help bridge these obvious gaps. This lend credence to US
Department of State Report (2015).
Referral mechanism was among the resonating issues that necessitated the need for a specialised
law enforcement agency. From the findings, law enforcement officials, especially the SAPS did not have
any referral mechanism created for people to report any incidence or cases of human trafficking they
come by. The victims too may find it difficult to trust law enforcement officials with details of their
experience. Hence, a specialised law enforcement agency will have trained personnel who will be able
to win the confidence of people and victims in the enforcing, prosecuting and protecting victims of
human trafficking in the Republic. Moreover, it will be very easy for such specialised agency to set up
an effective referral mechanism. This finding is consistent with several positions of the U.S. govern-
ment as reflected in their annual report on human trafficking (US Department of State Report, 2015).
12   P. O. BELLO AND A. A. OLUTOLA

Conclusion
This study began by identifying ineffective enforcement of anti-trafficking law as a major factor affecting
the fight against human trafficking in South Africa, and other parts of the world. The objective of the
study was to evaluate the effectiveness of the SAPS in the enforcement of PACOTIP in South Africa.
This objective has been achieved. The study found out that the SAPS have not been effective in the
enforcement of anti-trafficking law in South Africa. As part of the reasons, it was discovered that as
currently structured, the SAPS are saddled with enormous responsibilities of combating crime, which
is already a huge task in a crime-ridden society like South Africa. Therefore, superimposing human
trafficking on their already tall crime combating responsibilities, makes it burdensome for them to
be effective in their operations, especially in relation to combating human trafficking. More so, the
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perennial problem of corruption, insufficient trainings, and lack of commitment were discovered to
undermine the credibility of the SAPS in combating human trafficking in South Africa.
Findings further indicate that one of the reasons why the enforcement of anti-trafficking law have
been problematic is due to the absence of a vibrant, dedicated and specialised law enforcement insti-
tution, with a robust understanding of trafficking ramifications. Current efforts at combating human
trafficking in the country have been through the SAPS, in collaboration with JCPSC, DHA and NGOs.
Despite their efforts, the menace has persisted. Although collaboration is inevitable in law enforcement,
but findings indicate that there is still a need for the establishment of a specialised law enforcement
agency, whose mandate will be to supervise, coordinate and enforce anti-trafficking law in the coun-
try. A specialised anti-trafficking agency will be dedicated, committed and adequately trained on the
modus-operandi of trafficking, to the extent that it will become indomitable in the fight against this
scourge. Such specialised institution will possess the prerequisite skills or professionalism that can
match the dreadfulness of the organised gangs that dominate the trade in the twenty-first century,
while ensuring the rights of all parties involved, especially the victims are protected. It will also be able
to indentify and dismantle artificial structures created by traffickers in South Africa.
This study is the first empirical research to address the anti-human trafficking law enforcement
challenges in South Africa, especially in the post implementation era. However, more work is still
needed in addressing issues not covered, especially in the area of addressing the root causes of human
trafficking. There is also the possibility that if this findings are implemented by policy makers, it will
complement current State efforts in combating human trafficking in the country. Moreover, public
trust in the State that has been eroded via current operations of the SAPS, and other security agencies,
will be renewed. The establishment of a specialised law enforcement agency will also help bridge the
many institutional gaps in the fight against human trafficking in South Africa.

Disclosure statement
No potential conflict of interest was reported by the authors.

Notes on contributors
Paul Oluwatosin Bello is currently a lecturer in the Department of Criminology & Forensic Studies, School of Applied
Human Science, University of KwaZulu-Natal, Durban, South Africa. He obtained a doctoral degree in Policing in 2016
from Tshwane University of Technology, Pretoria, South Africa. His Thesis is entitled: Examining human trafficking
and the response of the South African Criminal Justice System. Dr Bello has written extensively on human trafficking,
focusing on the criminal justice response in combating the scourge. He has presented peer-reviewed papers at various
local and international conferences. Dr Bello is a member of Criminological and Victimological Society of Southern
Africa (CRIMSA), and the Society for Peace Studies and Practice (SPSS). His research interest include: Criminal justice
system, policing, peace & conflict studies and gender studies.
Adewale A. Olutola is an Advocate of Law and Doctor of Policing. He obtained his Doctorate in Policing from the
Tshwane University of Technology. His thesis is entitled, Crime Prevention and the Criminal Justice Systems of Nigeria
and South Africa: A Comparative Perspective. His research interests cut across Legal systems, Crime Prevention and
the Comparative Criminal Justice Systems. He has presented peer-reviewed research papers at various national and
POLICE PRACTICE AND RESEARCH   13

international conferences. In 2011, he won the Best Paper presented in the category of Criminal justice during the
Bi-Annual Conference of Criminological and Victimological Society of Southern Africa (CRIMSA). In 2014, he received
the Young Researcher of the Year award in the Faculty of Humanities at TUT. He is a member of Criminological and
Victimological Society of Southern Africa, Policing Association of Southern Africa and the Nigerian Bar Association.
Prof. Adewale Olutola equally serves as external examiner to several universities in areas of Law, Police Science and
Criminal justice.

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