1 / 23

NATIONAL PROSECUTING AUTHORITY

NATIONAL PROSECUTING AUTHORITY. Statistics NOVEMBER 2010. BACKGROUND. NDPP Instruction for collection of human trafficking by prosecutors in June 2010 Information on all cases within the organisation Pending cases, cases enrolled, cases closed and finalised cases

hpamela
Download Presentation

NATIONAL PROSECUTING AUTHORITY

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. NATIONAL PROSECUTING AUTHORITY Statistics NOVEMBER 2010

  2. BACKGROUND • NDPP Instruction for collection of human trafficking by prosecutors in June 2010 • Information on all cases within the organisation • Pending cases, cases enrolled, cases closed and finalised cases • No existing electronic database, therefore the collection was manual

  3. CURRENT LEGAL FRAMEWORK • Sexual Offences Act 23 of 1957 • Criminal Law (Sexual Offences and related matters) Amendment Act 32 of 2007 • Abduction, Kidnapping, Assault (common and GBH), Murder • Basic Conditions of Employment Act (BCEA) 75 of 1997 • Children’s Act 38 of 2005 with effect from 1 April 2010 • South African Schools Act 84 of 1996 • Films and Publications Act 65 of 1996, as amended • Extradition Act 67 of 1962 • International Cooperation in Criminal Matters Act 75 of 1996 • Immigration Act 13 of 2002, as amended • Refugee Act 130 of 1998 • Prevention of Organised Crime Act 121 of 1998 • Human Tissue Act 65 of 1983 • Corruption Act 94 of 1992

  4. CASES ON THE COURT ROLL = 15 GAUTENG SOUTH 4 Cases GAUTENG NORTH 2 Cases KWAZULU NATAL 2 Cases WESTERN CAPE 4 Cases EASTERN CAPE 2 Cases FREE STATE 1 Cases

  5. OVERVIEWTotal number of cases per Region/DPP a) GAUTENG SOUTH 3 Cases (ORTIA, Sandton, Booysens & Linden) b) GAUTENG NORTH 1 Case (Pretoria) 1 Case (Mpumalanga) c) KWAZULU NATAL 2 Cases (Durban)

  6. Total number of cases per Region/DPP cont. d) WESTERN CAPE 4 Cases (Bellville, Cape Town, Mitchells Plein, Table View) e) EASTERN CAPE 2 Cases (Port Elizabeth) f) FREE STATE 1 Case (Welkom)

  7. WHERE NO CASES WERE REFERRED FOR PROSECUTION a) Limpopo (Gauteng North DPP) b) Mthatha c) Northern Cape d) North West

  8. CASES UNDER INVESTIGATION = 7 a) GAUTENG SOUTH 4 Cases (ORTIA, Jhb (2), Cleveland b) KWAZULU-NATAL 2 Cases (Durban) c)FREE STATE 1 Case (Bloemfontein: referred from Port Elizabeth)

  9. (THAI 1) • The accused operated a brothel at a Club and recruited Thai nationals as prostitutes ; • Travel arrangements made by the recruiters; • Upon arrival in Durban their passports were taken away and they had to pay off R60 000 debt; • Rates charged at R200 for 30 minutes; • When debt is paid off – they were moved to another brothel in Pinetown and continue working as sex workers; • From the monies they received – a portion was given to one of the accused who acted as an agent (they could keep the balance); • If they wished to leave they had to buy back their passports;

  10. FINALISED CASES • State vs Amien Andrews, Cape Town (Total 17 yr prison term for kidnapping, assault GBH, indecent assault and rape) • State vs Maswanganye, Pretoria (5 yr wholly suspended prison term (s276 (1)(i) Criminal Procedure Act) for kidnapping, running a brothel and soliciting girls for carnal intercourse (s2 and s14 of Sexual Offences Act 23 of 1957)

  11. FINALISED CASES cont. • State vs Wiphatawaithaya, Dbn (Commercial sexual exploitation ito Sexual Offences Act 23 of 1957: Fine & Suspended sentence) • State vs Sawatkan & 4 others, Dbn (Prostitution in ito Sexual Offences Act 23 of 1957: Fine & suspended sentence) • State vs Eloff & another, Welkom (TIP for sexual purposes in terms of Sexual Offences Act 32 of 2007: Wholly suspended prison terms, Correctional supervision and community service)

  12. State versus Sayed and Another (THAI 2) • Operated a Brothel Thai nationals = Prostitutes • Charges Contraventions : POCA Sexual Offences Act Immigration Act

  13. HUMAN TRAFFICKING

  14. State versus Sayed and Another (THAI 2)(cont....) • CONVICTED 19 March 2010 →Racketeering (section 2(1)(f) → Procurement of a female to have Unlawful Carnal Intercourse → Persons Living on Earnings of Prostitution → Keeping and Controlling a Brothel → Facilitating Prostitution →Receiving Remuneration for Commission of an Act of Indecency (All contraventions of the Sexual Offences Act, 23/1957) → Contraventions of the Immigration Act → Money Laundering (Sections 4 and 6 of POCA)

  15. State vs Sayed → Victim paid 40 000 Baht for flight ticket April 2007; → Victims kept in Debt Bondage entering into ‘contract’ Generate R60 000 from Prostitution before retaining any profits; → Rates charged at R200 for 30 min & R250 for hour for sex with the victims; → Records kept of all Earnings but destroyed periodically on instruction of accused; Takings kept in CD holder & cleared on a daily basis by Accused; → Cash System basis; → The Asset Forfeiture Unit forfeited an amount of R19 700 cash

  16. Where is the Money? Where is the Money?

  17. State vs Sayed (convicted) • What happened to the money? • The accused paid for the rental of the premises; • They paid for water and electricity; • There was no paper trail that led to the activities if the accused nor any documentary/financial evidence that was recovered at the scene)

  18. State vs Eloff & Godfrey • The accused placed several advertisements in the Daily Sun, offering excellent job opportunities for ladies in an “upmarket club” earning R4 000 per week with accommodation and transport available; • Eloff paid bus tickets for several victims travelling from Johannesburg to Welkom; • Upon arrival all private belongings (i.e. Identity documents) were taken into custody by the accused and the victims were informed that they will have to work as prostitutes and they had to sign rules and regulations as set out by the accused.

  19. State vs Eloff & Godfrey (cont…) • The accused pleaded guilty to the following charges: Contraventions of section 71 of the Sexual Offences Act (Trafficking in persons for sexual purposes);

  20. THE SEXUAL OFFENCES ACTThe Criminal Law Amendment Act Act 32 of 2007 Section 71(1) and (2) - Trafficking in Persons for Sexual Exploitation

  21. State vs Eloff & Godfrey (cont…) Other Charges convicted of: Keeping a Brothel, Procurement and Prostitution (Contraventions of the Sexual Offences Act 23 of 1957) Assault ; Money Laundering

  22. State vs Eloff & Godfrey (cont…) • During 2006 to 2008 the accused unlawfully acquired, used and possessed R43 655, knowing that such money formed part of the proceeds of unlawful activities; • Between R150 to R200 per hourwere charged for sex; • Between R50 to R100 were charged for 15 minuteoral sex; • According to the bank statements of the accused, several separate amounts of money were deposited into her account, with no indication as to how it was earned; This occurred on a weekly basis, all relative small and different amounts – which leaves no other conclusion of explanation that it was money earned from the prostitutes in the service of the accused;

  23. Adv. Anthea van der BylNPA Organised Crime apvanderbyl@npa.gov.za (012) 845-1443

More Related