Zimbabwean man gets two life terms for trafficking girl to SA

A Zimbabwean man who trafficked a 12-year-old girl to South Africa after making her believe he loved her and intended to marry her has been sentenced to two life terms for trafficking and rape.

The Worcester Regional Court sentenced David Chauke to life imprisonment for trafficking in persons and life imprisonment for rape. He was also sentenced to five years' direct imprisonment for abduction, 15 years for sexual exploitation and 12 months for contravening Section 9 of the Immigration Act.

The sentences followed Chauke's conviction for abducting, trafficking, sexually exploiting and repeatedly raping the minor after taking her from Zimbabwe to South Africa.

In January 2020, Chauke, who was then 27, took the 12-year-old girl from Manicaland province to Brits in North West before later moving her to Nkqubela, Robertson, in the Western Cape.

The National Prosecuting Authority (NPA) said Chauke manipulated the child into believing that he loved her and planned to marry her. He allegedly paid one of her relatives to facilitate contact with her without her parents' knowledge.

"He used that manipulation to isolate her from her family and transport her across the Zimbabwe-South Africa border illegally," NPA spokesperson Eric Ntabazalila said.

The court heard that Chauke repeatedly raped and sexually exploited the girl both before and after she entered South Africa.

Once in South Africa, the child became dependent on Chauke for food, accommodation and transport. He also instructed her to lie about her age and tell people that she was 16 when asked about her identity.

After months of alleged abuse and isolation, members of the Robertson community became concerned about the young girl living with Chauke as his wife. He was arrested in November 2020.

During the trial, the State called 10 witnesses, including South African Police Service officers, a medical practitioner, a social worker, Home Affairs officials, community members and family members from Zimbabwe.

The victim testified through a Shona-speaking court intermediary about the circumstances surrounding her exploitation and abuse.

Chauke denied the charges and attempted to justify his conduct by referring to cultural beliefs and customs. He also denied forcing the girl to accompany him to South Africa and denied raping her.

However, during cross-examination, he admitted that he had manipulated the victim into believing that he loved her and wanted to marry her.

Prosecutor Elton Willemse argued in aggravation of sentence that Chauke deliberately isolated the girl from her parents and support structures, including after her mother contacted him and asked him to return her to Zimbabwe.

"The State submitted that he knowingly exploited the victim's vulnerability, language barriers and dependence on him for his own sexual gratification," Ntabazalila said.

The prosecution further argued that Chauke had robbed the victim of her childhood and subjected her to severe emotional and psychological trauma.

Willemse also submitted that Chauke had shown no remorse and failed to demonstrate empathy for the harm caused to the child.

In addition to the prison sentences, the court ordered that Chauke's name be entered into the National Register for Sex Offenders and the National Child Protection Register. He was also declared unfit to possess a firearm.

Western Cape Director of Public Prosecutions Advocate Adrian Mopp praised investigators, prosecutors and other stakeholders involved in the case.

Mopp highlighted the province's coordinated response to human trafficking through the Anti-Trafficking in Persons Provincial Task Team, the Anti-Trafficking Rapid Response Task Team and local multi-sectoral structures involving criminal justice agencies, government departments and civil society organisations.

The NPA said the structures were important in strengthening prevention, protection, prosecution and partnerships in trafficking cases.

"The successful conviction and sentence in this matter demonstrate the justice system's determination to hold offenders accountable and protect vulnerable members of society from exploitation and abuse," Ntabazalila said.