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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
NOTE: Assented to and published in English, with alternative copy in Zulu except iro title/text/engrossments in the following sections: s47 Sch1 Table titles (Xhosa/Zulu/Zulu), and text (English/Zulu/Zulu)
NOTE: Assented to and published in English, with alternative copy in Zulu except iro title/text/engrossments in the following sections: s47 Sch1 Table titles (Xhosa/Zulu/Zulu), and text (English/Zulu/Zulu)
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)** [s48] |
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