Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)RegulationsRegulations under section 43(3)Part 1 : Regulations9. Application for accreditation of organisation to provide services to adult victims of trafficking |
| (1) | Subject to the provisions of subregulation (2), an application for the accreditation of an organisation to provide services to adult victims of trafficking must be lodged with the provincial head of the province within which the organisation is situated in a form that corresponds substantially with Form 7 in PART 2. |
| (2) | The provincial head must require the following information when considering the application referred to in subregulation (1)— |
| (a) | The proposed process of screening, admission, care and support of an adult person― |
| (i) | suspected of being a victim of trafficking; |
| (ii) | to whom a letter of recognition has been issued; or |
| (iii) | as contemplated in section 19(12) of the Act; |
| (b) | what programs the organisation offer which is aimed at the— |
| (i) | provision of accommodation to adult victims of trafficking; |
| (ii) | provision of counseling to adult victims of trafficking; |
| (iii) | reintegration of adult victims of trafficking into their families and communities; |
| (iv) | provision of rehabilitation and therapeutic services to adult victims of trafficking; and |
| (v) | provision of education and skills development training to adult victims of trafficking; |
| (c) | what programmes are offered by the organisation to a child in the care of a victim of trafficking, as provided for in section 26(3) of the Act, which must include, at a minimum, a programme aimed at the reception, care and development of that child; |
| (d) | evidence that the organisation and the facilities therein are accessible in accordance with the norms and minimum standards as outlined in Annexure A; |
| (e) | evidence that the safety and protective environment of the organisation, health care and support, and recreational facilities of the organisation meet the norms and minimum standards as provided for in Annexure A; |
| (f) | evidence that the organisation complies with the norms and minimum standards to accommodate victims as provided for in Annexure A; |
| (g) | evidence that the organisation has the ability to provide a safe environment for children; proper care for sick children; and safe storage of anything that may be harmful to children. |
| (3) | The provincial head may, upon receipt of an application referred to in subregulation (1) request such other information as he or she may deem necessary for the finalisation of the application. |
(4)
| (a) | The provincial head must in writing, direct any official employed by the department, to conduct an inspection of the organisation prior to accreditation in order to ensure compliance with the norms and minimum standards as provided for in Annexure A and to submit a written report on the outcome of the inspection to the provincial head within fourteen (14) days of such inspection. |
| (b) | Wherever possible, the official conducting the inspection must be accompanied by, a health care provider who is an employee of the Department of Health assigned with the responsibility to inspect facilities for compliance with health services. |
| (5) | The provincial head must within fourteen (14) days after receipt of the report referred to in subregulation (4)(a), submit the application form, all supporting documents and his or her recommendation to the Director-General, who must consider the application within thirty (30) days of receipt of the documents. |
| (6) | If the Director-General approves the application, a certificate of accreditation that corresponds substantially with Form 8 in PART 2, must be signed by the Director-General and handed to the accredited organisation. |
| (7) | If the Director-General does not approve the application― |
| (a) | he or she must in writing advise the organisation in question and provide reasons for his or her decision; and |
| (b) | the organisation affected by the decision not to approve the application for accreditation to provide services to adult victims of trafficking in terms of regulation 9(7) may, within 14 days of being informed of that decision, lodge an appeal in a form that corresponds substantially with Form 5 in PART 2 to the relevant MEC; |
| (c) | the MEC must, within 30 days of the appeal being lodged, finalise the appeal in the prescribed manner. |
| (8) | The original accreditation certificate must be— |
| (a) | displayed in a prominent place clearly visible to the public on the premises and the residents of the organisation; and |
| (b) | maintained in such a state that it can be produced undamaged and in a legible condition. |
| (9) | The accredited organisation must at least six months before the expiry of the certificate of accreditation, submit an application for the renewal of its accreditation on a form that corresponds substantially with Form 9 in PART 2, where after the provisions of this regulation apply. |
| (10) | An accredited organisation must be visited, monitored and evaluated annually by officials from the Department of Social Development responsible for the accreditation of organisations to ensure continuous compliance with the norms and minimum standards as provided for in Annexure A. |
| (11) | The provincial department of social development must annually submit a list of accredited organisations to the National Department of Social Development. |