Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 2 : Offences, Penalties and Extra-Territorial Jurisdiction12. Extra-territorial jurisdiction |
| (1) | A court of the Republic has jurisdiction in respect of an act committed outside the Republic which would have constituted an offence under this Chapter had it been committed in the Republic, regardless of whether or not the act constitutes an offence at the place of its commission, if the person to be charged— |
| (a) | is a citizen of the Republic; |
| (b) | is ordinarily resident in the Republic; |
| (c) | has committed the offence against a citizen of the Republic or a person who is ordinarily resident in the Republic; |
| (d) | is, after the commission of the offence, present in the territory of the Republic, or in its territorial waters or on board a ship, vessel, off-shore installation, a fixed platform or aircraft registered or required to be registered in the Republic; |
| (e) | is, for any reason, not extradited by the Republic or if there is no application to extradite that person; or |
| (f) | is a juristic person or a partnership registered in terms of any law in the Republic. |
| (2) | Only a High Court has jurisdiction in respect of a person referred to in subsection (1)(d). |
| (3) | A person who commits an offence referred to in subsection (1) is liable on conviction to the penalty prescribed for that offence. |
(4)
| (a) | Subject to paragraph (b), the National Director of Public Prosecutions must, in writing, designate an appropriate court in which to conduct a prosecution against any person accused of having committed an offence under this Chapter in a country outside the Republic as provided for in subsection (1). |
| (b) | For the purposes of determining the jurisdiction of a court to try the offence, the offence is deemed to have been committed— |
| (i) | at the place where the accused person is ordinarily resident; or |
| (ii) | at the accused person’s principal place of business. |
| (5) | The institution of a prosecution in terms of this section must be authorised in writing by the National Director of Public Prosecutions. |