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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Prevention and Combating of Trafficking in Persons Act, No. 7 of 2013

Long title


To give effect to the Republic’s obligations concerning the trafficking of persons in terms of international agreements; to provide for an offence of trafficking in persons and other offences associated with trafficking in persons; to provide for penalties that may be imposed in respect of the offences; to provide for measures to protect and assist victims of trafficking in persons; to provide for the coordinated implementation, application and administration of this Act; to prevent and combat the trafficking in persons within or across the borders of the Republic; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

TABLE OF CONTENTS
CHAPTER 1. DEFINITIONS, INTERPRETATION AND OBJECTS OF ACT
1. Definitions
2. Interpretation of certain expressions
3. Objects of Act
CHAPTER 2. OFFENCES, PENALTIES AND EXTRA-TERRITORIAL JURISDICTION
4. Trafficking in persons
5. Debt bondage
6. Possession, destruction, confiscation, concealment of or tampering with documents
7. Using services of victims of trafficking
8. Conduct facilitating trafficking in persons
9. Liability of carriers
10. Involvement in offences under this Chapter
11. Liability of persons for offences under this Chapter
12. Extra-territorial jurisdiction
13. Penalties
14. Factors to be considered in sentencing
CHAPTER 3. STATUS OF FOREIGN VICTIMS OF TRAFFICKING REQUIRED TO ASSIST IN INVESTIGATIONS AND PROSECUTIONS
15. Protective measures for purposes of investigation and prosecution in respect of foreign victims of trafficking
16. Facilitation of police investigation or prosecution in case of foreign witnesses
17. Application for rights of permanent residence in terms of section 31(2)(b) of Immigration Act

CHAPTER 4. IDENTIFICATION AND PROTECTION OF VICTIMS OF TRAFFICKING
18. Reporting of and dealing with child victim of trafficking
19. Reporting of and dealing with adult victim of trafficking
20. Appeals against decision of provincial head
21. Provision of health care services to a foreigner who is a victim of trafficking
22. Criminal prosecution of victim of trafficking
23. Unauthorised access to and disclosure of information
CHAPTER 5. ACCREDITATION OF ORGANISATIONS TO PROVIDE SERVICES TO ADULT VICTIMS OF TRAFFICKING
24. Accreditation of organisations to provide services
25. Norms and minimum standards
26. Programme offered by accredited organisation
27. Access to programme offered by accredited organisation
28. Plan to address needs of victim of trafficking
CHAPTER 6. COMPENSATION
29. Compensation to victim of trafficking
30. Compensation to State
CHAPTER 7. RETURN AND REPATRIATION OF VICTIMS OF TRAFFICKING
31. Repatriation of victim of trafficking from Republic
32. Assistance to foreign victim of trafficking
33. Repatriation of suspected victim of trafficking to Republic
34. Return of adult victim of trafficking within Republic
35. Escorting of child victim of trafficking
CHAPTER 8. GENERAL PROVISIONS
36. Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in respect of child
37. International co-operation
38. Legitimacy and validity of documents
39. Annual report on abuse or deliberate neglect of child and findings by children's court that child is in need of care and protection
CHAPTER 9. ADMINISTRATION OF ACT
40. National Policy Framework
41. Coordination of responsibilities, functions and duties relating to implementation of Act
42. Report to Parliament
43. Regulations
44. National instructions and directives
45. Delegation of powers and assignment of duties by Director-General to senior official
46. Assignment of powers and duties by Director-General to provincial head
47. Delegation of powers and assignment of duties by provincial head
CHAPTER 10. MISCELLANEOUS MATTERS
48. Laws repealed or amended
49. Transitional arrangements
50. Short title and commencement
Sch. SCHEDULE. LAWS REPEALED OR AMENDED (SECTION 48)**
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