REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
389.
The process for applying for a protection order is uncomplicated and inexpensive. The
clerks of the court are obliged to explain the procedure to all applicants and are trained
to assist applicants and guide them through the process.
Trafficking
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216
390.
The Prevention and Combating of Trafficking in Persons Act, 2013215 is a comprehensive
law dealing with the issue of trafficking, which was previously dealt with in various pieces
of legislation. In addition to creating very specific offences criminalising trafficking in
persons, the Act also focus on the plight of victims, by allowing for those convicted of
trafficking to be forced to pay compensation to a victim for damages, injuries, both
physical and psychological harm suffered and loss of income, amongst others.
391.
In this regard, the Prevention and Combating of Trafficking in Persons Act is forwardlooking in that it satisfies modern developments in terms of human rights law, such as
that the law should not only serve to prosecute offenders and prevent re-offending, but
it should also look at the reparative needs of the victim. This is incidentally also in-line
with the spirit and aim of the General Comment on Torture, issued by the Committee
Against Torture, which states that redress has five key elements which ought not to be
overlooked, that is: restitution, rehabilitation, compensation, satisfaction and guarantees
of non-repetition.216
392.
The Act deals comprehensively with human trafficking in all its various forms and in
particular provides for the protection of and assistance to victims of trafficking. Persons
engaged with trafficking will be liable on conviction to a severe fine or imprisonment,
including imprisonment for life, or such imprisonment without the option of a fine or
both.
393.
Extra-territorial jurisdiction is an important feature of the Act and South African courts
will have jurisdiction in respect of acts committed outside South Africa if those acts would
have been an offence under the Act had they been committed in South Africa. The Act
also enables the state to prosecute traffickers and confiscate their assets. In addition, it
will provide mechanisms to the Department of Social Development in the eradication of
“latter-day” slavery.
394.
The Act further provides for social service professionals to play a role in the reporting,
identification and assessment of a person who is a victim of trafficking. Once this is
confirmed the victim is entitled to be placed under an approved programme and child
victims are to be placed in temporary safe care. Such programmes will offer
accommodation, counselling and rehabilitation services as well as aim to reintegrate the
victim back into their families and communities. The programme also offers education
and skills development training for adults. Child victims of trafficking will fall under all the
Act No. 7 of 2013
Committee against Torture, General Comment No.3 (2012)
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