Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 3 : Status of Foreign Victims of Trafficking Required to Assist in Investigations and Prosecutions15. Protective measures for purposes of investigation and prosecution in respect of foreign victims of trafficking |
| (1) | Despite the provisions of the Immigration Act, the Director-General: Home Affairs may, in the prescribed manner and subject to the prescribed conditions, issue, a foreigner in respect of whom— |
| (a) | a report has been made to a police official as provided for in section 19; and |
| (b) | the National Commissioner of the South African Police Service has, in writing, confirmed to be a person who might be able to assist in a police investigation relating to an offence under Chapter 2, |
a visitor’s visa in terms of section 11(1)(a) of the Immigration Act to remain in the Republic for a recovery and reflection period not exceeding three months which may be extended once in terms of subsection (4) for a further period not exceeding three months for the purpose of accessing the programmes referred to in section 26 with the view to enabling the foreigner to make informed decisions regarding his or her cooperation with law enforcement and prosecuting authorities in the investigation and prosecution of a case of trafficking in persons as referred to in section 16(1)(b).
| (2) | If a foreigner referred to in subsection (1), after a period of 30 days after he or she has been issued with a visitor’s visa to remain in the Republic for a recovery and reflection period, is unwilling or unable to co-operate with law enforcement and prosecuting authorities in the investigation of and the prosecution of a trafficker, an investigation into his or her circumstances must be conducted by the Director-General: Social Development in order to determine whether it is safe to repatriate him or her to his or her country of origin or the country from where he or she has been trafficked. |
| (3) | If a foreigner referred to in subsection (2) is still unwilling or unable to co-operate with law enforcement and prosecuting authorities in the investigation of and the prosecution of a trafficker upon expiration of the visitor’s visa the person must be dealt with in terms of sections 31(2) and 32. |
| (4) | If the Director-General: Social Development is unable to complete an investigation referred to in subsection (2) before the expiration of the recovery and reflection period, he or she must, in the prescribed manner, request the Director-General: Home Affairs to extend, in the prescribed manner, that period for a further period not exceeding three months. |
| (5) | The issuing of a visitor’s visa as provided for in subsection (1) does not prevent or prejudice the competent authority from conducting any relevant investigation, provided that due regard is given to the emotional state of the victim. |
| (6) | A foreigner referred to in subsection (1) in respect of whom a decision by the Director-General: Home Affairs in terms of subsection (1) or (4) is pending, may not be deported. |