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8 May 2009

The prevention and combating of Trafficking in Persons Bill (the bill) has been published in the Government Gazette on 8 May 2009 for public comment. The Bill is a result of a report by the South African Law Reform Commission on trafficking in persons. Some of the main causes of trafficking are poverty, war and political instability.

Trafficking in persons is a worldwide problem and is one of the most lucrative businesses globally. People are trafficked mainly for sexual exploitation and forced labour. Victims of trafficking are subjected to numerous ordeals, such as physical and emotional damage, health problems, drug and alcohol abuse and post-traumatic stress disorder.

South Africa lacks domestic legislation which focuses specifically on trafficking in persons. In terms of our current law, traffickers are prosecuted for offences such as kidnapping, assault and murder and may also be prosecuted for offences in terms of certain Acts, such as the Sexual Offences Act, 1957; the Immigration Act, 2002; the Basic Conditions of Employment Act, 1995 and the Domestic Violence Act, 1998. South Africa is also a party to the United Nations Protocol to prevent, suppress and punish trafficking in persons, especially women and children and in keeping with our international obligations; South Africa is required to enact domestic legislation in line with the protocol. The bill therefore gives effect to the trafficking in person’s protocol.

The bill provides for the prosecution of traffickers and for appropriate sentences; for the prevention of trafficking and the protection and assistance of victims of trafficking; for effective enforcement measures and generally to combat trafficking in persons.

New offences of trafficking in persons; debt bondage; destroying, confiscating, possessing, concealing and tampering with documents of victims of trafficking; using the services of victims of trafficking and conduct facilitating trafficking in persons, are created. Carriers who transport victims across the borders of South Africa also commit an offence if the victims do not have the required travel documents with them. Given the global nature of the crime, South African courts will have jurisdiction in respect of acts committed outside South Africa if those acts would have been an offence under the bill had they been committed in South Africa.

The bill emphasises the importance to protect and assist victims of trafficking. In this regard it provides that certain officials, health practitioners and traditional healers have to report a child or an adult whom they suspect may be a victim of trafficking, to a police official for investigation. If they fail to do so, they commit an offence.

Members of the public may also report a child or adult to the police if they suspect them to be victims of trafficking. Child victims must be investigated by a social worker and a children’s court must make an appropriate order for the keeping of the child. Organisations that give assistance to adult victims must issue them with a certificate declaring them to be victims of trafficking. These organisations must apply for accreditation, comply with minimum norms and standards and must offer certain specific programmes for these victims.

Foreign victims may also be granted a period, called a ‘recovery and reflection period’, to remain in South Africa for up to 90 days. In certain circumstances temporary residence permits and permanent residence permits can be issued to foreign victims. The bill provides that foreign victims may not summarily be deported and a proper repatriation process must be followed, taking cognisance of the safety of victims during this repatriation process.

Foreign victims also have access to the same public health services as South Africans. The bill also provides that victims may not be prosecuted for certain offences which they committed as a direct result of being a victim of trafficking and the courts are given the power to order the trafficker to pay compensation to their victims of trafficking.

Comments may be forwarded not later than 15 June 2009:
E Steyn
Fax: 086 648 5369
E-mail: ensteyn@justice.gov.za

For more information contact:
Zolile Nqayi
Tel: 021 467 1714
Cell: 082 898 6483
Fax: 021 467 1732
E-mail: znqayi@justice.gov.za

Issued by: Department of Justice and Constitutional Development
8 May 2009
Source: Department of Justice and Constitutional Development
(http://www.doj.gov.za/)