Abstract
abstractThe upsurge in human trafficking within South Africa's borders has garnered extensive public attention in recent years. Much of the attention has been centred on the absence of comprehensive legislation to adequately address and counter the increased trading of persons occurring within the country's borders. The supporting legal framework has been limited in that offenders could only be prosecuted for crimes associated with human trafficking (a few examples being the common law crimes of rape, assault, kidnapping, murder or attempted murder). There was considerable progress when “child trafficking” and “trafficking for sexual exploitation” was criminalised in the Children's Act, no 38 of 2005, and Criminal Law (Sexual Offences and Related Matters) Amendment Act, no 32 of 2007 respectively. However, these have proved insufficient in defining human trafficking in all its various components. Consequently the Prevention and Combating of Trafficking in Persons Act, no 7 of 2013, hereafter referred to as the ‘TIP Act’, was signed into law in 2013 but is not yet operational. This article presents a review of this new legislation to bring awareness of its scope and provisions and analyses the extent to which it attempts to address all the elements of human trafficking.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
