AN EXPLORATORY STUDY ON RESPONSES OF SOUTH AFRICAN POLICE SERVICE AND NON-GOVERNMENTAL ORGANISATIONS TO HUMAN TRAFFICKING IN DURBAN POLICING AREA by SPHAMANDLA LINDANI NKOSI Submitted in fulfilment of the requirements for the degree MASTER OF SOCIAL SCIENCE (CRIMINOLOGY AND FORENSIC STUDIES) in the SCHOOL OF APPLIED HUMAN SCIENCES COLLEGE OF HUMANITIES UNIVERSITY OF KWAZULU-NATAL Supervisor: Ms Vuyelwa Kemiso Maweni November 2018 EDITOR’S DECLARATION RESEARCH SKILLS DEVELOPMENT SERVICES cc DECLARATION OF PROOFREADING CC reg. no CK Postal Address: Residential Address: 94/16841/23 P.O. Box 5432 31 Fynn Road Winklespruit 12 Chardonnay Name: N.D. Coertze 4145 Amanzimtoti 4125 Contact details: Cell: 0833440706 Email: [email protected] TO WHOM IT MAY CONCERN I, Nicolina D. Coertze, declare that I meticulously perused the thesis manuscript referred to below for language editing purposes. I endeavoured, to the best of my knowledge and ability, to identify any linguistic and stylistic inaccuracies that may have been omitted during the initial editing stages by the author and the supervisor. Using the Word Tracking system, I kept track of any changes that I made and also made annotations as guidelines and recommendations to the author for additional changes. I declare that I adhered to the general principles that guide the work of a language editor and that I remained within my brief as had been agreed with the author of the manuscript. Details: NAME OF STUDENT: SPHAMANDLA LINDANI NKOSI INSTITUTION: UKZN STUDENT NO: 217078820 TITLE OF STUDY: An exploratory study on responses of South African Police Service and Non-Governmental Organisations to human trafficking in Durban Policing Area. Respectfully submitted on 10 December 2018 N.D. COERTZE SACE registration number: 1082433 Date of Certification: 17/12/2003 i DECLARATION I hereby declare that this dissertation entitled “An exploratory study on responses of South African Police Service and Non-Governmental Organisations to human trafficking in Durban Policing Area” for a Degree of Master of Social Science in Criminology and Forensic Studies at the University of KwaZulu-Natal (UKZN), is submitted by me and it is my own work. This study has not been previously submitted to the principal university or any other university elsewhere. I declare that the contents of this dissertation result from my own research work except where otherwise stated and acknowledged. Signature of candidate: Date: 12/12/2018 ii DEDICATION This dissertation is dedicated to my son, Kukhanya Lubanzi Nkosi, and my late grandfather, Muntuyatshelwa Jeko Ntshangase. They have kept me pushing during the completion period. It is also dedicated to all victims of human trafficking across the world, and all other relevant stakeholders which are taking part in responding to this scourge that is associated with inhuman activities. iii ACKNOWLEDGEMENTS To Jehova almighty, Mninimandla onke, you have been the best from the beginning. Glory be to you. I would like to offer my deepest gratitude to the following people, without whose unflinching support and assistance this dissertation would not have come to fruition: My parents, Mbuzeleni Nkosi and Busisiwe Ntshangase: Thank you for having been the best parents since my childhood. Your nurturing ways and wise teachings have shown me the direction to a life of green pastures. Your love, assistance, and encouragement are significantly noted, and I intend to give back to you what you have given so unselfishly to me. All my family members, especially Phumaphi Nkwanyana: Thank you for your daily prayers and positive thoughts. Without these prayers, this study would not have been possible. My supervisor, Vuyelwa Kemiso Maweni: Thank you for your guidance and encouragement throughout this journey. I truly appreciate your extraordinary support. Dr Witness Maluleke of the University of Limpopo: I confirm that you are the best in what you do. I fully acknowledge your generous mentorship. Thank you, my good doctor. Dr Monique Emser of the University of KwaZulu-Natal: Your contribution to this study has made it a great success. I always believe that people like you are needed in our country and the world at large. I also acknowledge everyone that I have met in my life (friends and colleagues) as you have all contributed directly or indirectly to my study journey and progression through life. I wish to thank my loyal friend, Mr Liso Nobanda, for being a good brother to me. You always provide me with words of encouragement and educational support. Mr Vuyani Nobanda, thank you for being a good parent from the year 2016. You instilled in me the knowledge that education is a solution to every troubling situation. I would also like to thank Dr John Mhandu of the University of KwaZulu-Natal. Thank you, brother, for your constant guidance. To Kogie Perumaul of UNISA, thank you double for your contribution to my academic journey. I appreciate what you have done for me. Mandlenkosi Mphatheni, thank you, brother, for your support and encouragement throughout the entire journey. iv Linda Coertze: thank you for being a good and generous editor. Your contribution is appreciated. I would also wish to express my gratitude to the SASSETA and UKZN fee remission for their contribution to the success of this study, without your funding I would not have been able to complete this study. I would also like to acknowledge the assistance of Lt Col Nundul, Captain Titus and Lt Col Joubert of the SAPS for their endless support and for being patient. This acknowledgement is particularly extended to the selected participants of this study from the South African Police Service (SAPS) and the Non-Governmental Organisations (NGOs) in the Durban Policing Area (DPA). Thank you for your unstinting efforts to ensure the success of this study. v ABSTRACT Human trafficking is not a recent phenomenon, as it is believed that acts of human abduction for various reasons can be traced back to time immemorial. The manifestation of this crime is escalating, with elusive trends and patterns across the globe and in the Durban policing area (DPA) in particular. However, scholarly investigations into this practice have been avoided for quite some time in the field of humanities, which has exposed society to experience its harmful effects. However, in response to this scourge, relevant stakeholders across the globe have exerted relentless efforts to curb it, with limited success to date as the elusive nature and extent of human trafficking allow the perpetrators to continue their acts with impunity. This crime remains a huge threat to peace and security and violates the human rights of any affected individual. In recent years, this problem has escalated, and its exploitative and manipulative nature has destroyed the lives of thousands. It appears that not only underdeveloped states experience the destructive presence of this form of crime, but that the operations of human trafficking exist globally owing to porous borders and associated corruption. The approach to human trafficking in South Africa should be geared towards a capable system that may inform practices to curb it across the globe. In the South African context, this could be achieved by rigorously implementing available legislation and using collaborative strategies to respond to and eradicate this scourge effectively. The South African Police Service (SAPS) and relevant non-governmental organisations (NGOs) are two of the systems that should not stint their efforts in addressing this crime. To this aim, the SAPS has formed partnerships with different structures such as the International Police (Interpol) and many other NGOs in their quest to respond effectively to human trafficking in the DPA. The research design and methodology of this study employed an exploratory objective. This study thus adopted a qualitative research approach to adequately explore the responses from selected participants representing the SAPS and NGOs regarding human trafficking in the DPA. These participants were probed to learn about the available strategies and legislation in operation that are utilised to respond to human trafficking. The nature of this study allowed purposively and snowballed selected participants to be drawn from the SAPS and NGOs. Five (5) investigators were purposively selected from SAPS while a further five (5) participants were selected from two NGOs operating in the DPA. The snowball sampling technique was used in the latter instance. These participants were all selected to obtain detailed information and to maintain the trustworthiness of this study. Semi-structured one-on-one interviews were vi used as the primary data collection instrument. The thematic analysis method was employed for the analysis of the data. The study found that human trafficking is perpetuated in the DPA due to the current instability in the current partnerships of all the relevant stakeholders (selected SAPS and NGOs included). The findings call for closer societal contributions and collaboration, as the South African criminal justice system (CJS), compared with international responses, evidently does not find common ground in its response to human trafficking. Furthermore, the use of advanced technology to respond to this crime is not adequate. It was suggested that the use of appropriate and advanced technology in responding to this crime is crucial and that the SAPS and NGOs should acquire knowledge and frequent training in using relevant technological devices to respond to human trafficking. This should be coupled with updated changes in the commission of this crime to identify human traffickers and instances of victimisation easily. It is envisaged that this study will be significant in assisting relevant structures such as the SAPS and NGOs in devising new and effective strategies to respond to human trafficking in the DPA. Most importantly, it is acknowledged that the relationship between the SAPS and NGOs is paramount in dealing with this crime; however, NGOs should take further steps in responding to human trafficking by identifying victims themselves instead of heavily relying on the SAPS to perform this duty.