A slap in the face: Outrage as judge suspends sentence for child kidnapper and trafficker

Advocate Venice Burgins is not happy with lenient sentence handed out to convicted human trafficker Camilla de Waal Rossouw in the Western Cape High Court. (Photo: Supplied)

By Vincent Cruywagen

11 Nov 2020

A wholly suspended sentence handed down by Judge Mushtak Parker in the case of a convicted Cape Town human trafficker has drawn criticism from activists and legal experts.

Advocate and GBV activist Venice Burgins said the suspended sentence given to convicted child trafficking syndicate member Camilla de Waal Rossouw, 32, on Thursday 28 October was evidence that the judiciary was “incompetent” in its dealings with sexual offences, GBV and femicide.

De Waal Rossouw was the tenth member of a syndicate involved in racketeering, kidnapping of minors, human trafficking, grooming young women and sexually exploiting them, operating a brothel and extortion amounting to more than R3-million.

She pleaded guilty on 2 October to 11 charges.

De Waal Rossouw and her co-accused were arrested in February 2017. She was released on bail on 13 November 2019 and on 24 October 2019 she pleaded guilty in the Western Cape High Court.

Hawks spokesperson Zinzi Hani said the sentence was for a “milestone case” in terms of legislation – including the Prevention and Combating of Trafficking in Persons Act and the Prevention of Organised Crime Act – which was deployed to bring the syndicate to book.

The syndicate operated brothels between 2012 and 2017 in Table View Parklands and Bellville, Cape Town.

Some of the 128 charges the syndicate faced included debt bondage and kidnapping of minors. Clients had to pay large sums of money to ensure recorded sexual encounters would not be posted on social media.

Burgins said: “My legal view is that the sentencing is not befitting the horrendous crimes orchestrated, as the laws are clear in that the sentencing ought to address restorative justice to the victim. Once again, this is proof that there is a disconnect within our criminal justice system which turns out to be a mockery, and a total overhaul is urgently required.”

She said victims chose not to report crimes as the judicial system inflicted secondary and further trauma.

“It’s a smack in the faces of these victims.”

Advocate Venice Burgins is not happy with lenient sentence handed out to convicted human trafficker Camilla de Waal Rossouw in the Western Cape High Court.
(Photo: Supplied)

In arriving at the sentence Parker considered whether or not the “cumulative effect” of De Waal Rossouw’s personal and other relevant circumstances constituted “substantial and compelling circumstances” to justify a deviation from the prescribed sentencing.

In a handwritten document before the court De Waal Rossouw told of her troubled life since childhood. She testified that she had been sexually molested when she was eight or nine. By the age of 18 she was in a downward rebellious spiral and was using a variety of hard drugs.

The court heard that at the age of 19 De Waal Rossouw met a Ms Bridger who introduced her into prostitution. She would have intercourse with up to seven men a day and at times had been woken by Bridger in the middle of the night to offer sexual services to more men.

A clinical psychologist at the Department of Correctional Services who assessed De Waal Roussow said that without the necessary intervention she would almost certainly fall back to the same lifestyle and reoffend.

Both the State and the defence had argued that there were substantial and compelling circumstances which justified a deviation from any prescribed minimum sentence and requested the court to impose a sentence which would amount to “direct imprisonment not exceeding three years”.

But Parker differed and in handing down sentencing said: “I was of the view that the proposed sentence would have very little meaningful rehabilitative or even deterrent effect.

“I was concerned that if she was to be sentenced to a further period of direct imprisonment without the necessary intervention to enable her to have insight into the position and the sentence itself, she would probably fall back and reoffend by continuing the downward spiralling lifestyle that she had become used to.”

Parker ordered that the terms of imprisonment in respect of each of the counts and collectively be wholly suspended for five years with strict conditions.

The court ordered that during the five years De Waal Rossouw may not be found guilty of the offences she was convicted of, and is not permitted to move out of her current residence.

Human trafficking is a huge issue in South Africa and we feel that there should maximum sentencing for these crimes.

At the end of the five years De Waal Rossouw will be placed under the supervision of a probation officer for 12 months, with strict conditions.

She is also required to readily submit herself to regular and random drug testing, punctually and diligently attend all scheduled home visits and office consultations at the office of the probation officer and perform community service “at a place(s) and during times determined by the probation officers”.

“You must remember that the sentence I imposed in no way detracts from the seriousness of the offences that you have been convicted of. I stress that I imposed the sentences merely to afford you an opportunity to change the course of your life and to integrate effectively into society,” said Parker.

He said in some instances the victims individually and society as a whole would “never properly and fully recover from the life-changing emotional scarring”.

One of the syndicate members, Natasha Chang, 41, was sentenced in the Western Cape High Court in July 2020. She was convicted of money laundering and racketeering and sentenced to three years’ imprisonment, wholly suspended for five years, with stringent conditions, which included correctional supervision and community service of 48 hours a month.

During Chang’s trial evidence was heard that a businessman was threatened that his visits to sex workers would be exposed. The State presented a financial report compiled by Hawks investigator Jappie Asja which showed that between October 1 2012 and 7 July 2016 an amount of R345,700 flowed from the businessman to various accounts.

Two other syndicate members, Norman Bridger and Michael D’Oliveira were also convicted following a plea agreement on 30 September 2019. Bridger was sentenced to 20 years’ imprisonment for racketeering of which 10 years were suspended for five years

D’Oliveira received 10 years’ imprisonment for racketeering, suspended for five years. On the count of money laundering he was sentenced to six years suspended for five years and ordered to pay a fine of R20,000.

In March 2019, three other accused, Shantel Reyneke-Bridger, Juan Francois Warren and Robin Reyneke were also sentenced.

Reyneke-Bridger was sentenced to 20 years’ imprisonment for two counts of racketeering of which 10 years were suspended. All other sentences imposed run concurrently, which means she is effectively serving 10 years.

Reyneke was sentenced to 20 years, suspended for five years, while Warren was sentenced to 20 years, with 10 years suspended for five years.

Bronwyn Litkie, head of SA Women Fight Back, said the sentence handed to De Waal Rossouw did “most definitely not fit the crimes” adding that the victims had had “their freedom, their innocence, their dignity and their lives ripped out from underneath them”.

“Human trafficking is a huge issue in South Africa and we feel that there should maximum sentencing for these crimes,” Litkie said. DM/MC

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