Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 7 : Return and Repatriation of Victims of Trafficking

33. Repatriation of suspected victim of trafficking to Republic

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With due regard to the safety of the person and without delay—

(a)the Director-General: International Relations and Co-operation must—
(i)in co-operation with the Director-General: Social Development assess the risks to the safety and life of a person who is a citizen or permanent resident of the Republic and who is suspected of being a victim of trafficking, if he or she is repatriated to the Republic;
(ii)facilitate the repatriation of a person referred to in subparagraph (i) to the Republic; and
(iii)advise the Director-General: Home Affairs on measures to secure the reception of a person referred to in subparagraph (i) at a South African port of entry;
(b)the Director-General: Home Affairs must—
(i)issue travel documents or other authorisations as may be necessary to enable that person to travel to and enter the Republic;
(ii)where necessary, take measures to secure the reception of a person referred to in paragraph (a) at a South African port of entry;
(iii)at the request of another State that is a party to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons or to an agreement relating to trafficking in persons to which the Republic is a party, verify that a person who is suspected of being a victim of trafficking is a citizen or permanent resident of the Republic;
(iv)upon entry into the Republic of a child who is suspected of being a victim of trafficking refer the child to a designated child protection organisation or provincial department of social development; and
(v)upon entry into the Republic of a person who is suspected of being an adult victim of trafficking refer the person to the provincial department of social development.