Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 7 : Return and Repatriation of Victims of Trafficking31. Repatriation of victim of trafficking from Republic |
| (1) | The Director-General: Social Development may not repatriate a foreign child who is a victim of trafficking to his or her country of origin or the country from where he or she has been trafficked without giving due consideration to the— |
| (a) | best interests of the child standard as provided for in section 7 of the Children’s Act; |
| (b) | safety of the child during the repatriation process; |
| (c) | availability and suitability of care arrangements and the safety of the child in the country to which the child is to be repatriated; and |
| (d) | possibility that the child might be harmed or killed. |
| (2) | The Director-General: Home Affairs— |
| (a) | may not repatriate an adult who is a victim of trafficking to his or her country of origin or the country from where he or she has been trafficked without giving due consideration to the— |
| (i) | safety of the person during the repatriation process; |
| (ii) | safety of the person in the country to which the person is to be repatriated; and |
| (iii) | possibility that the person might be harmed or killed; and |
| (b) | must— |
| (i) | before repatriating a person referred to in paragraph (a) to his or her country of origin or the country from where he or she has been trafficked, request the Director-General: Social Development to take reasonable steps as provided for in section 32(a); and |
| (ii) | inform a person referred to in paragraph (a), in the prescribed manner, of any arrangements that have been made for his or her reception in the country to which he or she is to be repatriated. |
| (3) | This section does not prohibit the voluntary repatriation of an adult who is a victim of trafficking to his or her country of origin or the country from where he or she has been trafficked on condition that the victim has been given— |
| (a) | information on the protective measures offered to victims of trafficking in terms of this Act; and |
| (b) | a clear explanation of the procedures to be followed in respect of repatriation. |