Kidnapping and human trafficking

South Africa is not immune from human trafficking

Human trafficking is an all-too-common occurrence in the modern world. Musician Sean “Diddy” Combs currently faces charges of sex trafficking and racketeering in New York, and two people in Glasgow have been arrested in connection with human trafficking offences just recently. Here in South Africa, kidnapping and human trafficking are severe violations of human rights that continue to affect vulnerable populations. Both kidnapping and human trafficking are considered serious criminal offences under our law, with stringent penalties for offenders.

Kidnapping

In South Africa, kidnapping is defined as the unlawful and intentional deprivation of a person’s freedom of movement by removing them from their environment without consent. Kidnappings often involve motives such as ransom, coercion or personal revenge. Incidents of kidnapping have increased, connected to organised crime and gang activities.

Under the Criminal Procedure Act, kidnapping is punishable by substantial imprisonment, with sentences ranging from five years to life, depending on the severity of the offence. The involvement of minors or ransom demands may result in harsher penalties. Our courts treat kidnapping as a serious offence, particularly when it involves organised crime or significant harm to the victim.

Human trafficking

Human trafficking involves the recruitment, transportation, transfer or harbouring of individuals through coercion, force or deceit for the purpose of exploitation. This exploitation may include forced labour, sexual exploitation or involuntary servitude. Unlike kidnapping, human trafficking often involves more insidious methods of manipulation and control over extended periods.

The Prevention and Combating of Trafficking in Persons Act specifically addresses human trafficking and prescribes severe punishments for traffickers. Sentences can range from lengthy prison terms to life imprisonment, depending on the level of exploitation. Trafficking rings, often tied to international criminal networks, face the full force of the law, with cooperation between South Africa and international law enforcement agencies ensuring cross-border trafficking is prosecuted to the highest degree.

The kidnapping of Alize van der Merwe

A recent high-profile kidnapping in September 2024 attracted national attention. Alize van der Merwe was abducted while travelling to Umngazi Resort in Port St Johns in the Eastern Cape. Her vehicle was later found abandoned and, soon after, her family received ransom demands from the kidnappers. The South African Hawks launched an immediate investigation. After several days, Alize and another woman kidnapped three days previously were released by the suspects near Sulenkama Police Station in the Eastern Cape. Both women were found physically unharmed but traumatised.

Preventive measures in South Africa

According to the South African National Human Trafficking Hotline, “South Africa is a source, transit, and destination country for victims of trafficking. Our country has become a prime destination for international trafficking syndicates to operate.” Preventing kidnapping and human trafficking requires coordinated efforts between government, civil society and the public. Various organisations and governmental bodies run awareness campaigns to educate the public about the risks of human trafficking and kidnapping. Initiatives aim to teach communities to identify red flags, recognise the signs of these crimes and report suspicious activity.

SAPS and the Hawks play an important role in combating human trafficking and kidnapping. Regular training equips officers to detect cases of abduction and trafficking and intervene. Stricter border control measures help curb trafficking across South African borders, where many victims are smuggled for exploitation.

Communities also play a part in preventing kidnapping and human trafficking. Vigilance in reporting suspicious behaviour and protecting vulnerable individuals — especially children, women and migrants — can deter traffickers and kidnappers from operating freely.

Legal recourse for victims of human trafficking

Victims of kidnapping and human trafficking can file charges under the Criminal Procedure Act, ensuring kidnappers and traffickers are prosecuted to the fullest extent of the law. Our courts also offer protections to victims, such as the ability to testify in safe conditions to prevent retribution.

Victims may also pursue civil claims for damages against their captors, seeking compensation for the physical, emotional and financial harm suffered. This allows victims to receive compensation beyond the criminal punishment imposed on offenders. Victims may apply for protection orders if they continue to face threats or coercion after being rescued. Shelters and support services for victims of trafficking and kidnapping offer counselling, legal assistance and medical care to aid recovery from traumatic experiences.

International organisations, such as Interpol and the United Nations, work closely together on prevention and detection, given the global nature of human trafficking. This cooperation aims to dismantle trafficking networks operating across borders and provide support to victims through international legal frameworks.

While South Africa’s legal framework, particularly the Criminal Procedure Act and the Prevention and Combating of Trafficking in Persons Act, offers robust measures to punish offenders and protect victims, continuous efforts are necessary to prevent these crimes. Public awareness, community vigilance and enhanced law enforcement coordination remain important tools in the ongoing fight against kidnapping and human trafficking.

Report any suspicions

As recent news stories show, trafficking happens in plain sight, even if kidnapping is more covert. Trafficking and modern slavery are often found where people are forced to migrate for political or economic reasons. While the traffickers themselves may not be obvious, there are signs that indicate a person is a victim of trafficking or forced labour. There are many indicators, and they may not all be present. But you can notify your nearest police station if you notice individuals (or a group of people) in your community who:

• Live in groups in the same place where they work and leave those places infrequently, if at all
• Work excessively long hours over long periods
• Are unable to leave their work environment
• Are unable to communicate freely with others

This is only a small selection of behaviours that may indicate trafficking. A full list of signs to look out for is available here.

You can also report suspicious behaviour to the South African National Human Trafficking Hotline on 0800 222 777 or file a report on the website. The hotline is for victims of human trafficking and anyone who has information about a potential trafficking situation.

We can help

The hotline or SAPS is your first port of call if you suspect trafficking in your community or you are a victim of trafficking. If you want to bring charges against a trafficker or kidnapper, we can help. Contact Simon today on 086 099 5146 or email sdippenaar@sdlaw.co.za.

SD Law

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