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

Number and year

of law

Short title

Extent of repeal or amendment

Act No. 68 of 1969

Prescription Act, 1969

The amendment of section 12 by the substitution for subsection (4) of the following subsection:

"(4) Prescription shall not commence to run in respect of a debt based on the commission of an alleged sexual offence as contemplated in sections 3, 4, 17, 18(2), 20(1), 23, 24(2) and 26(1) [and 71(1) or (2)] of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and an alleged offence as provided for in sections 4, 5, and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013, during the time in which the creditor is unable to institute proceedings because of his or her mental or psychological condition.".

Act No. 51 of 1977

Criminal Procedure Act, 1977

1.   The amendment of section 18 by the substitution for paragraph (h) of the following paragraph:

"(h) [trafficking in persons for sexual purposes by a person] offences as provided for in section [71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007] 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013;".

2.    The insertion of the following section after section 261:

"Trafficking in persons

261A. (1) In this section—

'Basic Conditions of Employment Act' means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

'Criminal Law (Sexual Offences and Related Matters) Amendment Act' means the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);

'Immigration Act' means the Immigration Act, 2002 (Act No. 13 of 2002; and

'Prevention and Combating of Trafficking in Persons Act' means the Prevention and Combating of Trafficking in Persons Act, 2013.

(2)  If the evidence on a charge of trafficking in persons provided for in section 4 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, does not prove the offence of trafficking in persons or the involvement in the offence, but the offence of—

(a) assault with intent to do grievous bodily harm;

(b) common assault;

(c) rape as provided for in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act;

(d) compelled rape as provided for in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act;

(e) sexual assault as provided for in section 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act;

(f) compelled sexual assault as provided for in section 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act;

(g)  compelled self-sexual assault as provided for in section 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act;

(h)  debt bondage as provided for in section 5 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act;

(i)   the possession, destruction, confiscation, concealment of or tampering with documents as provided for in section 6 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act;

(j)   using the services of a victim of trafficking as provided for in section 7 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act;

(k)   conduct facilitating trafficking in persons as provided for in section 8 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act;

(l)   transporting a person within or across the borders of the Republic knowing that the person is a victim of trafficking as provided for in section 9(1) or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act;

(m) entering or remaining in, or departing from the Republic as provided for in section 49(1)(a) of the Immigration Act;

(n)  knowingly assisting a person to enter or remain in, or depart from the Republic as provided for in section 49(2) of the Immigration Act;

(o)  employing a child as provided for in section 43 of the Basic Conditions of Employment Act; or

(p)  forced labour as provided for in section 48 of the Basic Conditions of Employment Act,

the accused may be found guilty of the offence so proved.".

3.   The amendment of section 299A by—

(a) the substitution in subsection (1) for paragraphs (e) and (f) of the following paragraphs:

(e) kidnapping; [or]

(f)  any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e)[,] ; or; and

(b) the addition in subsection (1) of the following paragraph after paragraph (f):

"(g) offences as provided for in section 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

4.  The amendment of Schedule 1 by the substitution for the item "[Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Trafficking in persons as provided for in section 4 and involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

5.  The amendment of Part II of Schedule 2 by the substitution for the item "[Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Offences provided for in section 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

6. The amendment of Part III of Schedule 2 by the insertion of the following item after the item of "Childstealing":

"Offences as provided for in section 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

7.   The amendment of Schedule 5 by the substitution for the item "[Any trafficking related offence by a commercial carrier as contemplated in section 71 (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Offences as provided for in section 4, 5, 7 and 9(1) and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

8.   The amendment of Schedule 6 by the substitution for the item "[Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Offences as provided for in section 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

Act No. 105 of 1997

Criminal Law Amendment Act, 1997

1.    The amendment of Part I of Schedule 2 by the substitution for the item "[Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Trafficking in persons as provided for in section 4(1) and involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

2.    The amendment of Part III of Schedule 2 by the deletion of the item "[Any trafficking related offence by a commercial carrier as contemplated in section 71 (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]".

Act No. 112 of

1998

Witness Protection Act, 1998

The amendment of the Schedule by the substitution for item 10A of the following item:

"10A. [Trafficking in persons for sexual purposes by a person or commercial carrier as contemplated in section 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007] Any offence under Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013.".

Act No. 121 of

1998

Prevention of Organised Crime Act, 1998

The amendment of Schedule 1 by the insertion after item 33 of the following item:

"33A. Any offence under Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013;".

Act No. 56 of 2001

Private Security Industry Regulation Act, 2001

The amendment of the Schedule by the substitution for the item "[Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item:

"Any offence under Chapter 2, except section 9(3), of the Prevention and Combating of Trafficking in Persons Act, 2013.".

Act No. 13 of 2002

Immigration Act, 2002

1. The amendment of section 29 by—

(a)  the insertion of the following subsections after subsection (1):

"(1A) A port of entry visa issued to a foreigner before he or she became a prohibited person in terms of subsection (1)(b) must be withdrawn.

(1B) Subsection (1)(b) does not prohibit the relevant authorities from bringing a person to the Republic for prosecution if a warrant for his or her arrest is outstanding in the Republic.".

2. The amendment of section 35 by—

(a)  the addition of the following paragraph in subsection (5):

"(e) a list of all the children on board of the conveyance indicating which children are unaccompanied."; and

(b)   the insertion after subsection (5) of the following subsection:

"(5A) If an immigration officer has reason to believe that any passenger on board the conveyance is a victim of trafficking, he or she must immediately report the matter, in terms of section 18(1) or 19(1) of the Prevention and Combating of Trafficking in Persons Act, 2013, to a police official.".

3.  The amendment of section 49 by the addition in subsection (15) of the following paragraph:

"(c) has in his or her or its possession or intentionally destroys, confiscates, conceals or tampers with any actual or purported passport, travel document or identity document of another person in furtherance of a crime, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15 years without the option of a fine.".

4.   The amendment of Schedule 1 by the substitution for the item "[Trafficking in persons for sexual purposes by a person as contemplated in sections 71 (1), (2) or (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007]" of the following item: "Any offence under Chapter 2 except section 9(3) of the Prevention and Combating of Trafficking in Persons Act, 2013".

Act No. 38 of 2005

Children’s Act, 2005

1.    The amendment of the Table of Contents by the deletion of the following:

(a) "CHAPTER 18

TRAFFICKING IN CHILDREN

281. Purposes of Chapter

282. UN Protocol to Prevent Trafficking in Persons to have force of law

283. International co-operation

284. Trafficking in children prohibited

285. Behaviour facilitating trafficking in children prohibited

286. Assistance to child who is victim of trafficking

287. Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in respect of child

288. Reporting of child who is victim of trafficking

289. Child who is victim of trafficking found in Republic

290. Repatriation of child who is victim of trafficking

291. Extra-territorial jurisdiction" and

(b) "Schedule 3".

2. The amendment of section 1 by—

(a)   the substitution for the definition of "commercial sexual exploitation" of the following definition:

"commercial sexual exploitation", in relation to a child means [—

(a)] the procurement of a child to perform sexual activities for financial or other reward, including acts of prostitution or pornography, irrespective of whether that reward is claimed by, payable to or shared with the procurer, the child, the parent or care-giver of the child, or any other person [; or

(b) trafficking in a child for use in sexual activities, including prostitution or pornography]"; and

(b)   the repeal of the definitions of "trafficking" and "UN Protocol to Prevent Trafficking in Persons"’.

3.  The repeal of Chapter 18.

4.   The amendment of section 305 by—

(a) the repeal of subsection (1)(r) and (s);

(b) the substitution for subsection (6) of the following subsection:

"(6) [Subject to subsection (8), a] A person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) is liable to a fine or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment."; and

(c) the repeal of subsection (8).

5.   The repeal of Schedule 3.

Act No. 32 of 2007

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

1.   The amendment of the long title by the deletion of the following "* making interim provision relating to the trafficking in persons for sexual purposes;".

2.   The amendment of the Index by the deletion in Chapter 7 Part 6 of the following:

"Transitional provisions relating to trafficking in persons for sexual purposes

70. Application and interpretation

71. Trafficking in persons for sexual purposes".

3.   The amendment of section 1 by the substitution for the definition of "sexual offence" of the following definition: "

‘sexual offence’ means any offence in terms of Chapters 2, 3 and 4 and section[s] 55 [and 71(1), (2) and (6)] of this Act and any offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes;".

4.   The amendment of Chapter 7 by the deletion of the heading of Part 6.

5.   The repeal of sections 70 and 71.

Act No. 75 of 2008

Child Justice Act, 2008

The amendment of Schedule 3 by the substitution for item 13 of the following item:

"[Trafficking in persons for sexual purposes referred to in section 71(1) and involvement in trafficking in persons for sexual purposes referred to in section 71(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007] Any offence provided for in sections 4, 5, 6, or 7 or involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.".