Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)RegulationsRegulations under section 43(3)Part 1 : Regulations13. Financial assistance to accredited organisations |
(1)
| (a) | An accredited organisation may apply to the provincial department of social development for financial assistance as provided for in section 24(2)(b) of the Act. |
| (b) | The application will be considered subject to, the availability of funds, and the policy on financial awards to nonprofit organisation of the provincial department of social development taking into account the following circumstances: |
| (i) | if the organisation can demonstrate through the submission of a business plan that they require funding to provide for services to victims of trafficking and failure to obtain such funding may lead to financial strain to the organisation; |
| (ii) | upon submission of a cash flow projection for a period of three (3) years; and |
| (iii) | upon submission of a business plan. |
| (2) | When making an application in terms of subregulation (1), an accredited organisation must, provide the following details: |
| (a) | The particulars of the accredited organisation; |
| (b) | the physical and postal address of the accredited organisation; |
| (c) | the type of programmes and services in the accredited organisation in respect of which the application is made; |
| (d) | the number of male and female adults that will be accommodated in the accredited organisation in respect of which the application is made; |
| (e) | the number of male and female children accompanying an adult victim that will be accommodated in the accredited organisation in respect of which the application is made; |
| (f) | the qualifications, skills and experience of the staff employed to provide care to different types of victims in the accredited organisation; and |
| (g) | a description of the contents of the programmes and services to be offered, including the aims and objectives. |
| (3) | An application referred to in subregulation (1) must be accompanied by the following additional documents: |
| (a) | A costed business plan containing— |
| (i) | the business hours of the accredited organisation; |
| (ii) | the organisational structure; |
| (iii) | the fee structure; |
| (iv) | the daily programme for nine weeks; |
| (v) | the staff composition and contact details; |
| (vi) | the disciplinary policy; |
| (vii) | the weekly food menu; |
| (b) | the constitution of the accredited organisation which must contain the following information: |
| (i) | the name of the organisation; |
| (ii) | the types of programmes and services to be provided; |
| (iii) | the composition, powers, duties and contact details of the management of the organisation; |
| (iv) | the powers, obligations and undertaking of management to delegate all authority with regard to care, behavior management and development of victims in the organisation, where applicable; |
| (v) | the procedure for amending the constitution; and |
| (vi) | a commitment from the management to ensure compliance with the norms and minimum standards provided for in Annexure A for providing services to victims of trafficking; |
| (c) | an original copy of the approved building plans or a copy of the building plans that have been submitted for approval if the approval of the building plans is still under consideration; |
| (d) | an emergency plan; |
| (e) | clearance certificates to the effect that the names of the organisation and staff members working in the organisation and the name of any employee do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders issued by the Director-General and the Director-General: Justice and Constitutional Development, respectively; and |
| (f) | a health certificate issued by the local municipality in whose area the organisation is to operate, confirming compliance with the structural health requirements of that municipality. |
| (4) | The provincial department of social development may provide guidance and administrative support to accredited organisations in completing a form, or linking the organisation with other relevant departments applying for a health permit. |
| (5) | If the provincial head has approved or rejected an application for financial assistance, he or she must notify the accredited organisation in writing of his or her decision, and if the application is rejected, furnish the organisation with written reasons for such rejection. |
| (6) | An accredited organisation which is affected by the rejection of an application for financial assistance, may, lodge an appeal against such decision within 14 days of receipt of the decision in a form that corresponds substantially with Form 5 in PART 2. |
| (7) | If the accredited organisation which receives financial assistance ceases to comply with the accreditation requirements, norms and minimum standards, conditions or directives issued in writing by the provincial head, such provincial head may, after giving the organization notice to comply, take the steps necessary to recover from that accredited organisation, any portion of or the total amount of the financial assistance paid to that organisation. |