DURBAN — An organisation working to combat human trafficking and gender-based violence has said the justice system has a constitutional and moral obligation to prioritise victim protection, after a Durban businessman and his co-accused facing human trafficking charges were released on bail.
Awareness for Child Trafficking (ACT) Africa made the statement after submitting a motivation letter to the National Prosecuting Authority (NPA) objecting to bail being granted to the businessman and his co-accused, Selvan Rungasamy Naidoo, during proceedings in the Durban Regional Court on Wednesday.
The case has attracted international attention after a two-day bail application laid out the state’s allegations regarding the alleged scheme, its origins and those allegedly involved.
Despite ACT Africa’s objection, Magistrate Sharon Marks granted the businessman bail of R50,000 and Naidoo bail of R100,000, permitting their release under strict conditions including reporting to police stations, surrendering their passports, and refraining from contact with witnesses or other suspects in the case.
The case relates to a 2022 incident in which three young women from Eldorado Park, Johannesburg were allegedly lured to Durban with a fake job offer involving the sale of SIM cards, before allegedly being forced into sexual exploitation at a property in Durban North.
Naidoo, 48, faces charges including human trafficking, kidnapping, cybercrime-related offences, crimen injuria and procurement for prostitution. The businessman faces 20 charges, including sexual assault. He cannot be named pending his plea.
In its statement to the NPA, ACT Africa said it was “deeply concerned” about the severity of the case and the risks associated with releasing the accused back into the community, arguing that the victims face credible threats that could be heightened by the grant of bail.
The organisation said there was a substantial likelihood the accused could attempt to contact or intimidate the victim, influence witnesses, or interfere with the ongoing investigation, adding that South Africa continues to face what it described as a national crisis of human trafficking and gender-based violence. It said granting bail in such cases risked undermining public confidence in the justice system.
Advocacy group Survivors Unite also expressed solidarity with the victims and their families. Spokesperson Jordan Cupido, who attended the bail proceedings, said the process of leaving exploitation and navigating a lengthy court process could place significant emotional strain on survivors, and that accused persons with substantial resources and legal representation could leave victims feeling at a disadvantage.
Cupido said the group respected the legal process and the right of the accused to a fair trial, and was not seeking to prejudge the outcome of the case. He said those with lived experience of trafficking could offer insight not available through policy or academic study alone, and called for accountability for those who profit from or create demand for prostitution, including buyers and traffickers.
The businessman was represented by defence counsel Paul Jorgensen, instructed by attorney Mohammed Jabeer Moideen, while Naidoo was represented by Niven Rai, instructed by Ray Maharaj. Both defence teams argued that the accused had ample opportunity to destroy evidence or interfere with witnesses in the years since the alleged 2022 incident, had they intended to do so, and that this undermined the case for denying bail. Investigating officer Karl Sanders testified that a 2022 statement indicated the victims had reported feeling intimidated.
In a separate matter, a man and a woman were convicted on Aug. 21 of human trafficking and related offences after allegedly luring a woman to KwaZulu-Natal, where she was raped, held against her will and forced into prostitution, according to the NPA. Sentencing proceedings have been postponed to Sept. 25, 2026, in the Pinetown Regional Court. The NPA said the offences in that case occurred between Sept. 2 and 6, 2022.