Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 2 : Offences, Penalties and Extra-Territorial Jurisdiction11. Liability of persons for offences under this Chapter |
| (1) | It is no defence to a charge of contravening section 4, 5, 6, 7, 8, 9(1) or 10 that— |
| (a) | a child who is a victim of trafficking or a person having control or authority over a child who is a victim of trafficking has consented to the intended exploitation, or the action which was intended to constitute an offence under this Chapter or that the intended exploitation or action did not occur, even if none of the means referred to in section 4(1)(a) to (j) have been used; or |
| (b) | an adult person who is a victim of trafficking has consented to the intended exploitation, or the action which was intended to constitute an offence under this Chapter or that the intended exploitation or action did not occur, if one or more of the means referred to in section 4(1)(a) to (j) have been used. |
| (2) | In order to establish liability in terms of section 4, 5, 6, 7, 8, 9(1) or 10 of an employer or principal, the conduct of an employee or agent of, or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting— |
| (a) | within the scope of his or her employment; |
| (b) | within the scope of his or her actual or apparent authority; or |
| (c) | with the express or implied consent of a director, member or partner of the employer or principal. |
| (3) | Subsection (2) does not exclude the liability of an employee or agent of, or any other person acting on behalf of the employer or principal for committing an offence under this Chapter. |
(4)
| (a) | A finding by a court that an employer or principal has contravened section 4, 5, 6, 7, 8, 9(1) or 10 serves as a ground for the revocation or cancellation of any licence or registration that the employer or principal may require in order to conduct its business. |
| (b) | The clerk or registrar of the court which makes the finding referred to in paragraph (a) must, in writing, notify the South African authority that granted the licence or registration of the finding. |
| (c) | The South African authority that granted the licence or registration may review the licence or registration and, where necessary, revoke or cancel the licence or registration. |