The man was sentenced to an effective 18 years in prison for human trafficking and a fraudulent marriage.
The Gauteng High Court in Pretoria has dismissed Nigerian man Chinesi Justice Obasi’s appeal of his sentence for a fraudulent marriage and human trafficking.
On 14 December 2017, Obasi was convicted on three counts and sentenced to 18 years in prison on 18 September 2018.
He was sentenced to an effective 18 years’ imprisonment for counts 1, 2 and 9.
In count 1, the state alleged that from 1 April 2016 to 30 September 2016 in Pretoria, he unlawfully and intentionally harboured or leased another person, to wit, by means of threat or use of force or other forms of coercion and the abuse of vulnerability, aimed at a woman not named in court documents to protect her identity.
Count 2 is the same offence committed between 1 May 2016 and 1 September 2016, also in Pretoria.
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He was accused number 3 in the matter.
In count 9, the state alleged that Obasi, between 1 and 30 March 2005, knowingly and intentionally, and for the purpose of obtaining South African residence, committed a fraudulent act or made a false representation by conduct, statement or otherwise, to wit, married a South African citizen.
This is despite the fact that they did not live together as husband and wife.
How they met
In December 2015, Busisiwe [not her real name] moved to Sunnyside in Pretoria due to family issues. She then met a Nigerian man and started a love relationship with him.
“Owing to the pressures of earning an income, she became involved in prostitution. She was recruited into prostitution by the Nigerian man she fell in love with. The money she earned from prostitution was paid over to this Nigerian man,” reads the court document.
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The relationship later ended, and Busisiwe moved back home, only to return to Pretoria. Upon her return, she found her former Nigerian lover had moved on with another woman.
He arranged for Busisiwe to stay with Obasi.
The second victim, Puleng [not her real name], became friends with Obasi’s girlfriend around 2009. In May 2016, she travelled to Pretoria in search of Obasi and his girlfriend.
This is when Puleng met Busisiwe, who directed her to Obasi.
According to court documents, Obasi ordered Puleng and Busisiwe to prostitute themselves to earn money for the lodging and drugs he supplied them with.
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“The appellant monitored their movements at all times. He constantly telephoned them. The appellant also handed them over to his co-accused, who treated them the same way as the appellant. The duo was harboured and also entertained clients who came to buy and use drugs there when they worked as prostitutes.
“The appellant and his co-accused, as a means to keep the duo vulnerable and dependent on them, provided them with drugs. They were not allowed to go shopping alone, go to the hair salon alone. They were not permitted to leave the flat for any reason other than their work as prostitutes.”
Obasi’s appeal
On appealing his conviction and sentence, Obasi said the court erred in that it did not consider properly or at all the evidence of the defence.
He criticised the approach adopted by the trial Court in assessing the evidence of the witnesses. He also argued that the sentences overlooked his personal circumstances.
However, Judge Graham Moshoana stated in a judgment handed down on Monday that there was no evidence to assess, as Obasi failed to testify.
“The trial Court indeed proceeded to analyse the evidence of the duo and reached a conclusion that the duo was harboured by the appellant. The evidence analysed showed that they were exploited. Their evidence created a background of the typical relationship between a trafficker and a victim.”
He confirmed that Obasi was correctly convicted of the three counts and that there were no grounds to appeal the sentence imposed.
“Human trafficking exists because people are vulnerable to exploitation as a result of poverty, lack of education and desperation. It is a modern-day form of slavery. Oftentimes, human trafficking is motivated by money. Victims of human trafficking are most of the time abused, confused and disoriented. People are trafficked for sex, labour and other related reasons,” said Judge Moshoana.
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