A 27-year-old Kimberley woman who was facing three charges of human trafficking and one charge of child neglect has been acquitted of all charges against her.
A 27-YEAR-old woman, Palesa Moshoeshoe, who was facing three charges of human trafficking and one charge of child neglect has been acquitted of all charges against her by the Kimberley Magistrate’s Court.
Moshoeshoe was accused of sexually exploiting young women at the Samaria informal settlement.
The court heard testimony from the complainants that they had sex with various men in exchange for R50 to R100.
The complainants testified that they gave the money to Moshoeshoe or, at times, the men would give the money to the accused prior to sleeping with the complainants.
Magistrate Kubashnie Padayachee, before her ruling on Friday, said the court had heard the testimony of the complainants, who all conceded that they were never threatened or forced by Moshoeshoe to have sex with the various men, neither were they forced to hand over money to the accused after the sexual encounters.
“One of the complainants has testified that she left home without telling her mother. She told her siblings where she was going. The complainant testified that she went to Samaria and met the accused and some other women. There was a time that the complainant went to Bok’s Tavern and consumed alcohol. She said that during the morning hours, before the tavern closed, a man put her over his shoulder and took her to a shanty in Samaria where he raped her. She claimed that during that time, although she screamed, no one came to her aid. She also claimed that on their way to Samaria from the tavern, there were no cars on the road to see what the man was doing, nor were there any people on the street. Despite all this, the following day the complainant did not go home or report the matter,” said Padayachee.
She said the complainants had all testified that they slept with various men and in return received money from them.
“The complainants said they took money from the men and gave it to the accused. There were times that the men gave money to the accused. The complainants knew what the money was for when they received the money from the men. It was also the testimony from the complainants that the money they gave to the accused was for food and toiletries. They said they were never assaulted by the accused or threatened by the accused, or even forced by the accused to sleep with the men.
“During the trial, the defence argued that the complainants were free and not locked inside a shanty at Samaria. They could have left the area or gone back home or called their relatives informing them about what was going on.
“Further, they also never went to the police. It was the testimony from one of the complainants that there are police offices opposite Bok’s Tavern, but she never attempted to go to the offices to report the matter.”
Padayachee stated that she found the evidence against Moshoeshoe to be of poor quality and that the complainants did not make a good impression on the court.
“The complainants repeatedly changed their version of events. Their testimony in chief differed from what they claimed happened in their statements. The complainants said that the accused was giving them a place to stay. They even stated that they were the ones who used the shanty of the accused as a brothel and when the boyfriend of the accused found out, the couple had a fight over the matter.
“The complainants gave money to the accused out of free will after they had sexual intercourse with the men.
“During the trial, the complainants did not even want to attend the court proceedings. The investigating officer had to go and search for them. Some were again found to be back at Samaria.
“The trial dragged on and it is not in the interest of justice to let the matter drag on. The evidence of the complainants was unreliable and lacked credibility.
“The accused is acquitted on all charges,” said Padayachee.
Moshoeshoe was arrested in 2019 and was in custody until the finalisation of the matter.
