The accused is charged with four counts of contravening Section 5 (1) of the Anti-Trafficking in persons Act No.1 of 2011 and one count of contravening Section 15 (d) of the Lesotho Passport and Travel Documents No. 78 of 1998.

 

The accused is a teacher in a local Lesotho school often announced in class that she was looking for young women who were looking for jobs in South Africa, and that her students should refer appropriate people to her.  5 unemployed young women aged between ages of 17 – 27 were brought to the teacher by various students at different times.  To each of them she explained that there were well-paying opportunities for domestic work in Bloemfontein, a prospect which excited each one of them and which they accepted. 

 

At different times she helped each one cross over to South Africa, although only one of the five had a passport.  With the other four, she bribed border officials to turn a blind eye.  On arrival in Bloemfontein she would tell each of the girls that she had been untruthful about the job in South Africa, that she was actually looking for a wife for her so called “son” (in reality this referred to many different men) who wanted to marry a traditional MoSotho wife.  However the girls were not to worry, her “son” would buy them clothes, food and give them money and they would live a good life, but if they did not take up the marriage offer, she would call the police to arrest them as illegal immigrants in the country.  Each of the young women was given to a man who never really married them, but repeatedly sexually exploited them.  The one who had a passport managed to escape and returned to Lesotho where she reported the matter to the police.

 

Informally, the Lesotho police contacted the South African police and each of the girls were rescued from the different homes where they were being kept and returned to Lesotho.  It turned out that they had all contracted HIV.  They very angry and were willing to cooperate with law enforcement and the prosecution in the matter.  No formal reintegration process or social service intervention happened – the girls just returned to their homes. 

While prosecution was pending, the magistrate got appointed to the High Court and the matter came to a standstill. The case has now been referred to the High court.