The 2013 Prevention and Combating of Trafficking in Persons (PACOTIP) criminalized sex trafficking and labour trafficking; prescribing penalties of up to life imprisonment, a fine of up to 100 million South African rands ($7.1 million), or both. (United States of America Department of State, 2020).
Additionally, the Government approved its National Policy Framework, a strategic plan including a national action plan intended to improve capacity and coordination to combat trafficking among government agencies. Agencies like the South Africa Police Service (SAPS), Department for Social Development (DSD), National Prosecuting Authority (NPA), and the Department of Justice and Constitutional Development (DOJCD) identify and refer trafficking victims to care. (United Nations, 2019)
Laws
- The Criminal Law (Sexual Offenses and related matters) Amendment Act of 2007 (CLAA) criminalizes the sex trafficking of children and adults and prescribes penalties of up to life in prison. (South African Government, 2007
- The Basic Conditions of Employment Act of 1997 (BCEA), amended in 2014, criminalized forced labour and prescribed maximum penalties of three to six years’ imprisonment. (South African Government, 1997, 68)
- The Children’s Amendment Act of 2005 prescribes penalties of five years to life imprisonment or fines for the use, procurement, or offer of a child for slavery, commercial sexual exploitation, or to commit crimes. (South African Government, 2010)
- Before the institution of the laws, the process was flawed leading to the arrest and summary deportation of potential victims.