Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor's Referral of Suspected Victims of Trafficking in Persons, 2015


South Africa
Prevention and Combating of Trafficking in Persons Act, 2013

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

  • Published in Government Gazette no. 39119 on 21 August 2015
  • Assented to on 11 August 2015
  • Commenced on 21 August 2015
  • [This is the version of this document from 21 August 2015.]
The Minister of Justice and Correctional Services has, under section 43(1)(a) of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No.7 of 2013), made the regulations in the Schedule.

1. Definitions

In these Regulations, any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and, unless the context indicates otherwise—"the Act" means the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013).

2. Referral of children and adult persons suspected of being victims of trafficking in terms of section 22(2)(b) of the Act

When a prosecutor, during the criminal prosecution of a person, suspects that that person is a victim of trafficking referred to in section 22(2) of the Act and the court has granted a postponement as provided for in section 22(2)(a) of the Act, the prosecutor must without delay—
(a)complete a referral form which must correspond substantially with the Form in the Annexure;
(b)forward that referral form by facsimile or e-mail to a designated facsimile number or e-mail address in the office of the provincial department of social development indicated in the referral form;
(c)if the person concerned is escorted by a police official or a social worker of a designated child protection organisation or an organisation which provides services to adult persons, hand a copy of the referral form to that police official or social worker;
(d)provide a copy of the referral form to the person concerned;
(e)file the sent form and proof of sending and the acknowledgement of receipt of the form in the B-section of the case docket; and
(f)record or cause to be recorded each step taken in terms of this regulation in the investigating diary of the case docket.

3. Short title

These regulations are called the Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor’s Referral of Suspected Victims of Trafficking in Persons, 2015.
SIGNED at CAPE TOWN on this eleventh day of August Two thousand and fifteen.T M MasuthaMinister of Justice and Correctional Services

Annexure

Form

Referral of accused person in terms of section 22(2)(b) of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)IMPORTANT NOTICE: THE UNAUTHORISED ACCESS TO AND DISCLOSURE OF INFORMATION OF A VICTIM OF TRAFFICKING OR SUSPECTED VICTIM OF TRAFFICKING OR CHILD IN THE CARE OF A VICTIM OF TRAFFICKING IS AN OFFENCE FOR WHICH THE PENALTY IS A FINE OR IMPRISONMENT FOR A PERIOD NOT EXCEEDING 15 YEARS OR BOTH (SECTION 23 READ WITH SECTION 13(c) OF THE ACT)NOTICE TO THE PROVINCIAL DEPARTMENT OF SOCIAL DEVELOPMENT,________________________________________________________PLEASE NOTE THE FOLLOWING:
1.The provincial department of social development must acknowledge receipt of this form via fax or e-mail to the prosecutor concerned
2.The case has been postponed until ____________________Please assess the person whose particulars appear in part a below without delay and provide the prosecutor with your assessment in terms of section 18(6) or 19(8) of the Act on or before ________________________________________________________CASE No ____________________(Court) ____________________The State vs ____________________

Part A

To the office of the provincial department of social development,E-mail address: ____________________Fax no: ____________________Town/ city ____________________The person whose particulars appear below is referred to you in terms of section 22(2)(b) of the Prevention and Combating of Trafficking in Persons Act, 2013 for an assessment in terms of section 18(6) or 19(8) of that Act.Particulars of person:Full names and surname: ____________________South African national from ____________________ (town/city)Province: ____________________Age: ____________________Gender: ____________________Date of birth and Identity number if available ____________________Foreign national from: ____________________ (city/country).The person appears to be in transit from ________________ (country) to __________________ (country).Passport number, if available: ____________________Particulars of charge against person: __________________________________________________________________________________________Briefly give reasons for suspecting that that person is a victim of trafficking: __________________________________________________________________________________________Any other additional information (which does not reveal the whereabouts of the person): __________________________________________________________________________________________Note: The person is ____________________ speaking and requires an interpreter/does not require an interpreter.The person can be contacted through the following investigating police official: ______________________________Rank and name of investigating official: ______________________________Contact details:______________________________Name of Prosecutor ____________________Official date stamp ____________________Signature of Prosecutor ____________________CourtContact details:E-mail address: ____________________Tel no: ____________________Fax no: ____________________

Part B

To be completed by the provincial department of social development that has assessed the person:To: ______________________________Name of ProsecutorContact details:E-mail address: ____________________Fax no: ________________________________________(Court)Reference number of provincial department of social development: ____________________The person, ____________________ (full name) has been assessed as requested in terms of section 18(6) or 19(8) of the Prevention and Combating of Trafficking in Persons Act, 2013 and the following conclusion has been made:
(a)The person is a child who is a victim of trafficking and it is recommended that ______________________________; or
(b)the person is a child who is not a victim of trafficking and it is recommended that ______________________________; or
(c)the person is an adult who is a victim of trafficking and a letter of recognition has been issued to him or her as provided for in section 19(10) of the Prevention and Combating of Trafficking in Persons Act, 2013 and it is recommended that ______________________________; or
(d)the person is an adult who is not a victim of trafficking and it is recommended that ____________________________________________________________
Name of social worker on behalf of the provincial department of social development____________________SignatureOffice of provincial department of social development, ________________________________________Provincial HeadOfficial date stamp of provincial department of social developmentContact details: ____________________E-mail address: ____________________Tel no: ____________________Fax no: ____________________The following additional particulars and documents are attached, if applicable:Children’s Act, 2005 (Act No. 38 of 2005) Form 22 of the General Regulations Regarding Children, 2010.The finding by the provincial department of social development, that a child is a victim of trafficking.A copy of the letter of recognition referred to in section 19(10) of the Prevention and Combating of Trafficking in Persons Act, 2013.
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History of this document

21 August 2015 this version
Commences.
11 August 2015
Assented to.