Prevention and Combating of Trafficking in Persons Act, 2013
Act 7 of 2013
- Published in Government Gazette no. 36715 on 29 July 2013
- Assented to on 28 July 2013
- Commenced on 9 August 2015
- [This is the version of this document from 2 August 2017.]
- [Amended by Judicial Matters Amendment Act, 2015 (Act 24 of 2015) on 8 January 2016]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
Definitions, interpretation and objects of Act
1. DefinitionsIn this Act, unless the context indicates otherwise—"abuse of vulnerability" for purposes of section 4(1), means any abuse that leads a person to believe that he or she has no reasonable alternative but to submit to exploitation, and includes but is not limited to, taking advantage of the vulnerabilities of that person resulting from—(a)the person having entered or remained in the Republic illegally or without proper documentation;(b)pregnancy;(c)any disability of the person;(d)addiction to the use of any dependence-producing substance;(e)being a child;(f)social circumstances; or(g)economic circumstances;"accredited organisation" means an organisation, including a government institution, accredited in terms of section 24 to provide services to adult victims of trafficking;"body part" for purposes of this Act, means any blood product, embryo, gamete, gonad, oocyte, zygote, organ or tissue as defined in the National Health Act, 2003 (Act No. 61 of 2003);"carrier" includes a person who is the owner or employee of the owner, an agent, an operator, a lessor, a driver, a charterer or a master, of any means of transport;"child" means a person under the age of 18 years;"Children’s Act" means the Children’s Act, 2005 (Act No. 38 of 2005);"children’s court" means a children’s court referred to in section 42 of the Children’s Act;"court" means a High Court or a magistrate’s court for any district or for any regional division;"Criminal Law (Sexual Offences and Related Matters) Amendment Act" means the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"debt bondage" means the involuntary status or condition that arises from a pledge by a person of—(a)his or her personal services; or(b)the personal services of another person under his or her control,as security for a debt owed, or claimed to be owed, including any debt incurred or claimed to be incurred after the pledge is given, by that person if the—(i)debt owed or claimed to be owed, as reasonably assessed, is manifestly excessive;(ii)length and nature of those services are not respectively limited and defined; or(iii)value of those services as reasonably assessed is not applied towards the liquidation of the debt or purported debt;"designated child protection organisation" has the meaning ascribed to it in section 1 of the Children’s Act;"electronic communications" means the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination thereof by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conduct;"electronic communications identity number" means a technical identification label which represents the origin or destination of electronic communications traffic, as a rule clearly identified by a logical or virtual identity number or address assigned to a customer of an electronic communications service provider (such as a telephone number, cellular phone number, e-mail address with or without a corresponding address, web address with or without a corresponding IP address or other subscriber number);"electronic communications service provider" means a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), to provide an electronic communications service;"exploitation" includes, but is not limited to—(a)all forms of slavery or practices similar to slavery;(b)sexual exploitation;(c)servitude;(d)forced labour;(e)child labour as defined in section 1 of the Children’s Act;(f)the removal of body parts; or(g)the impregnation of a female person against her will for the purpose of selling her child when the child is born;"forced labour" means labour or services of a person obtained or maintained—(a)without the consent of that person; and(b)through threats or perceived threats of harm, the use of force, intimidation or other forms of coercion, or physical restraint to that person or another person;"forced marriage" means a marriage concluded without the consent of each of the parties to the marriage;"foreigner" means a person who is not a citizen or permanent resident of the Republic;"guardian" has the meaning ascribed to it in section 1 of the Children’s Act;"illegal foreign child" means a child who is present in the Republic in contravention of the Immigration Act;"immediate family member" means the spouse, civil partner or life partner and dependant family members of a victim of trafficking;"Immigration Act" means the Immigration Act, 2002 (Act No. 13 of 2002);"letter of recognition" means a formal written recognition that an adult person is a victim of trafficking issued in terms of section 19(10);"MEC" means the member of the Executive Council of a province to whom the powers and functions relating to social development in that province have been assigned by the Premier of that province;"Minister" means the Cabinet member responsible for the administration of justice;"National Director of Public Prosecutions" means the person referred to in section 179(1)(a) of the Constitution of the Republic of South Africa, 1996, and appointed in terms of section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);"parent" has the meaning ascribed to it in section 1 of the Children’s Act;"parental responsibilities and rights", in relation to a child, means the responsibilities and rights referred to in section 18 of the Children’s Act;"person", for purposes of this Act, includes a natural person, a juristic person and a partnership, unless the context indicates otherwise;"police official" means a member of the South African Police Service as defined in the South African Police Service Act, 1995 (Act No. 68 of 1995);"prescribe" means prescribe by regulation in terms of section 43 of this Act;"protective custody", for purposes of section 19, means the detention or confinement of a person by the South African Police Service for the purpose of protecting that person in any place which is used for the reception, detention or confinement of a person who is in custody of the South African Police Service and includes all land, buildings and premises adjacent to that place and used in connection therewith;"provincial department of social development" means the department within a provincial administration responsible for social development in the province;"provincial head" has the meaning ascribed to it in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);"removal of body parts" means the removal of or trade in any body part in contravention of any law;"servitude" means a condition in which the labour or services of a person are provided or obtained through threats of harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person does not perform the labour or services in question, that person or another person would suffer harm;"sexual exploitation" means the commission of—(a)any sexual offence referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act; or(b)any offence of a sexual nature in any other law;"slavery" means reducing a person by any means to a state of submitting to the control of another person as if that other person were the owner of that person;"social worker" means a person registered as a social worker in terms of section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978);"temporary safe care" for purposes of section 19, means care of an adult person suspected of being a victim of trafficking in a shelter, private home or any other place approved by the Director-General: Social Development where that person can be accommodated safely pending the placement of that person in an accredited organisation;"trafficking in persons" has the meaning assigned to it in section 4(1);"UN Protocol to Prevent, Suppress and Punish Trafficking in Persons" means the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime, 2000; and"victim of trafficking" means—(a)a child who is found to be a victim of trafficking after an assessment in terms of section 18(6); or(b)an adult person who has been issued with a letter of recognition as provided for in section 19(10).
2. Interpretation of certain expressions
3. Objects of ActThe objects of this Act are to—
Offences, penalties and extra-territorial jurisdiction
4. Trafficking in persons
5. Debt bondageAny person who intentionally engages in conduct that causes another person to enter into debt bondage is guilty of an offence.
6. Possession, destruction, confiscation, concealment of or tampering with documentsAny person who has in his or her possession or intentionally destroys, confiscates, conceals or tampers with any actual or purported identification document, passport or other travel document of a victim of trafficking in facilitating or promoting trafficking in persons is guilty of an offence.
7. Using services of victims of traffickingAny person who intentionally benefits, financially or otherwise, from the services of a victim of trafficking or uses or enables another person to use the services of a victim of trafficking and knows or ought reasonably to have known or suspected that such person is a victim of trafficking, is guilty of an offence.
8. Conduct facilitating trafficking in persons
9. Liability of carriers
10. Involvement in offences under this Chapter
11. Liability of persons for offences under this Chapter
12. Extra-territorial jurisdiction
14. Factors to be considered in sentencingIf a person is convicted of any offence under this Chapter, the court that imposes the sentence must consider, but is not limited to, the following aggravating factors:
Status of foreign victims of trafficking required to assist in investigations and prosecutions
15. Protective measures for purposes of investigation and prosecution in respect of foreign victims of trafficking
16. Facilitation of police investigation or prosecution in case of foreign witnesses
17. Application for rights of permanent residence in terms of section 31(2)(b) of Immigration ActThe National Commissioner of the South African Police Service or the National Director of Public Prosecutions may assist a foreign victim of trafficking who has in any manner rendered assistance to either the South African Police Service or the National Prosecuting Authority before or during any criminal proceedings, to apply for the rights of permanent residence in terms of section 31 (2)(b) of the Immigration Act, if, as a result of that victim’s assistance he or she may be harmed or killed if he or she is repatriated to his or her country of origin or the country from where he or she has been trafficked.
Identification and protection of victims of trafficking
18. Reporting of and dealing with child victim of trafficking
19. Reporting of and dealing with adult victim of trafficking
20. Appeals against decision of provincial head
21. Provision of health care services to a foreigner who is a victim of traffickingA foreigner who is a victim of trafficking is entitled to public health care services as provided for in section 27 of the Constitution of the Republic of South Africa, 1996.
22. Criminal prosecution of victim of trafficking
23. Unauthorised access to and disclosure of informationAny person who—
Accreditation of organisations to provide services to adult victims of trafficking
24. Accreditation of organisations to provide services
25. Norms and minimum standards
26. Programme offered by accredited organisation
27. Access to programme offered by accredited organisationA person who has been issued with a letter of recognition is entitled to access a programme offered by an accredited organisation.
28. Plan to address needs of victim of trafficking
29. Compensation to victim of trafficking
30. Compensation to State
Return and repatriation of victims of trafficking
31. Repatriation of victim of trafficking from Republic
32. Assistance to foreign victim of traffickingThe Director-General: Social Development must—
33. Repatriation of suspected victim of trafficking to RepublicWith due regard to the safety of the person and without delay—
34. Return of adult victim of trafficking within Republic
35. Escorting of child victim of trafficking
36. Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in respect of child
37. International co-operation
38. Legitimacy and validity of documentsThe Director-General: Home Affairs must, at the request of another State that is a party to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons or to an agreement relating to trafficking in persons, verify, within a reasonable time, the legitimacy and validity of travel or identity documents issued or purported to have been issued by the Department of Home Affairs and suspected of being used in the commission of an offence under Chapter 2.
39. Annual report on abuse or deliberate neglect of child and findings by children’s court that child is in need of care and protectionThe Director-General: Social Development must submit to the Director-General: Justice and Constitutional Development, as determined by him or her, an annual report on all cases of abuse or deliberate neglect of a child and all findings by a children’s court that a child is in need of care and protection because of abuse or deliberate neglect of the child as contained in Part A of the National Child Protection Register provided for in Part 2 of Chapter 7 of the Children’s Act insofar as those cases and findings relate to child victims of trafficking.
Administration of Act
40. National policy framework
41. Coordination of responsibilities, functions and duties relating to implementation of Act
42. Report to ParliamentThe Minister must, after consultation with the Minister in The Presidency responsible for performance monitoring and evaluation, the Ministers of Home Affairs, International Relations and Cooperation, Labour, Police, Social Development, State Security and Women, Children and People with Disabilities and the National Director of Public Prosecutions—
44. National instructions and directives
45. Delegation of powers and assignment of duties by Director-General to senior official
46. Assignment of powers and duties by Director-General to provincial head
47. Delegation of powers and assignment of duties by provincial head
48. Laws repealed or amendedThe laws referred to in the second column of the Schedule are hereby repealed or amended to the extent indicated in the third column of the Schedule.
49. Transitional arrangements
50. Short title and commencement
History of this document
|Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor's Referral of Suspected Victims of Trafficking in Persons, 2015||Government Notice R737 of 2015|