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
Africa views these crime trends as threat against national security and has put in place
integrated measures through the JCPS Cluster to help combat them.
494.
The issue of human smuggling has become a major security threat to South Africa as
thousands of illegal foreign nationals from Africa and the East continue to stream into the
country with the help of organised crime syndicates.
Legislative and policy measures to combat trafficking in persons:
495.
Following the call to adopt legislation, policies and other measures to implement the
Palermo Convention on Transnational Organised Crime and Protocols thereto, South
Africa has promulgated the Prevention and Combating of Trafficking in Persons Act,
2013.259 The Act is in operation and seeks to fulfil four main objectives, namely to provide
for an offence or trafficking in persons and other offences associated with trafficking in
persons, prevent and combat the trafficking in persons within and across the borders of
the Republic, to provide for measures to protect and assist victims of trafficking in
persons and to provide for the establishment of the Inter-sectoral Committee on
Prevention and Combating of Trafficking in Persons.
496.
This legislation will undoubtedly go a long way as a legal basis to prevent and combat the
scourge of trafficking in persons, particularly women and children. The offence, as
defined in line with the UN Protocol on Trafficking in Persons, will greatly assist law
enforcement agencies to investigate and prosecute those who are suspected and are
guilty of having committed such an offence. 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. In an effort to further bolster its anti-human trafficking efforts, the NPA
developed directives, presented training and conducted public awareness campaigns.
Similarly the SAPS established internal task teams that developed learning programmes
for frontline personnel at service centres and ports of entry.
Other legislative and policy interventions to combat crime
497.
Other legislative interventions during the period under review include the Dangerous
Weapons Act, 2013260 which prohibits the possession of dangerous weapons in public and
amends related provisions of the Regulation of Gatherings Act, 1993261 and the Firearms
Control Act, 2000.262
498.
The Criminal Law (Forensic Procedures) Amendment Act, 2013263 was passed to provide
for the storage, maintenance and administration of fingerprints and body prints in a
259
Act No. 7 of 2013
Act No. 15 of 2013
261
Act No. 205 of 1993
262
Act No. 60 of 2000
263
Act No. 37 of 2013
260
135