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
403.
In February 2012 a successful raid on a brothel led to the rescue of 16 females – including
eight children, some as young as 13 – and the arrest of four offenders with sex trafficking
and drug and prostitution offenses. In October 2011, Western Cape police arrested two
police officers and one additional suspect in Nelspoort for the alleged sex trafficking of
South African girls between the ages of 12 and 15.
404.
The NPA’s SOCA unit seeks to implement best practices and policies in the area of human
trafficking cases. SOCA seeks to achieve improved conviction rates, to actively protect
vulnerable groups and reduce secondary victimisation. SOCA continued to lead antitrafficking efforts through its six provincial task teams, which enabled police, prosecutors,
and NGO staff to work together to investigate potential cases. Between April and
December 2011, the NPA trained 116 prosecutors on the use of existing legislation to
prosecute trafficking cases. In December 2011, the Department of Home Affairs provided
training on trafficking and the identification of victims to 350 officers from the South
African National Defence Forces, who assumed the role of immigration management at
all South African airports. Foreign embassies in South Africa reported that when they
reported cases of abuse of their nationals to law enforcement, both police and
prosecution authorities responding seriously by vigorously investigating the allegations,
though this varied from one province to another.
Sexual violence:
405.
In a bid to increase the state’s capacity to deal with sexual violence against women and
children, South Africa promulgated, on 16 December 2007, the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007.219 This Act criminalises a wide
range of acts of sexual abuse and exploitation. It repeals the common law offence of rape
and replaces it with a new expanded statutory offence of rape, applicable to all forms of
sexual penetration without consent, irrespective of gender. It also repeals the common
law offence of indecent assault and replaces it with a new offence of sexual assault which
contains a wider range of acts of sexual violation without consent.
406.
Moreover, the Act targets for punishment sexual predators who prey on children and
people who are mentally disabled. It criminalises sexual exploitation or grooming of
children and mentally disabled persons, exposure or display of child pornography or
pornography to children and the creation of child pornography. The Act also provides for
an offence of trafficking in persons for sexual purposes.
407.
In addition to criminalising a wide range of acts of sexual abuse and exploitation, the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007220 establishes
2012 for trafficking for sexual exploitation. In S v Lloyd Mabuza the accused was sentenced to 8 life sentences
for trafficking.
219
Act No. 32 of 2007
220
Act No. 32 of 2007
112