The Prevention & Combating of Trafficking in Persons Act, 2013 (Act 7 Of 2013): Proposed draft Regulations

The Department of Justice and Constitutional Development invites you to submit written comments on the proposed draft Regulations.

Comments can be emailed to Ms E Steyn at [email protected] by no later than Friday, 31 January 2014.

Enquiries can be directed to Ms E Steyn on tel (012) 406 4768.

Background Note:
"The following background information is furnished to assist interested parties to comment on the proposed regulations.

Section 43(1)(a) of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013) provides for the Minister of Justice and Constitutional Development to make regulations to give effect to section 22(2)(b).

Section 22(2) provides that if during a criminal prosecution of a person, a prosecutor suspects that that person is a victim of trafficking and that the offence was committed as a direct result of that person's position as a victim of trafficking, that prosecutor must -
(a) apply to the court for a postponement; and
(b) in the prescribed manner refer that person to the provincial department of social development for an assessment as provided for in section 18(6)(assessment of a child to determine whether that child is a victim of trafficking) or section 19(8) (assessment of an adult person to determine whether that adult is a victim of trafficking).

Draft regulation 2 provides that a prosecutor must complete a prescribed form and send it to the provincial department of social development for an assessment of the person in question. Provision is also made for a copy of the form to be handed to a police official or a social worker of a designated child protection organisation or organisation which provides services to adult persons, who is escorting such person. It is suggested that this will assist in speeding up the case and serve as a measure of protection of the suspected victim, especially if he or she is an illegal foreigner. For the same reason a copy must be handed to the person in question. The prosecutor is further required to record or cause to be recorded each step taken in terms of this regulation on the case docket.
(a) The prescribed form in the Annexure contains a notice at the beginning, drawing attention to section 23 of the Act, which criminalises the unauthorised access to or disclosure of information of a victim of trafficking or a suspected victim of trafficking. This is done as there is always the danger of the information of the suspected victims mentioned in the form coming to the attention of the traffickers.
(b) The form is divided into Part A and Part B. Part A is completed and signed by the prosecutor and contains the particulars of the person in question to enable the provincial department of social development to identify and contact the person for the assessment. Part B of the form must be completed by the social worker conducting the assessment on behalf of the provincial department of social development. It provides for the conclusion as to whether the person is a victim of trafficking or not.

It must be pointed out that section 22(3) of the Act provides that a letter of recognition or a finding that a child is a victim of trafficking serves as a ground for the withdrawal of the prosecution or discharge of the accused (the victim) if the prosecutor is satisfied that the offence was committed as a direct result of the person's position as a victim of trafficking. The form must be signed by both the social worker and the provincial head and returned to the prosecutor."