21 Sep 2 Laws That Protect Citizens against Human Trafficking in South Africa
The study was a fully qualitative study using primary data collected through the use of key informant interviews in three locations: Cape Town in the Western Cape, Johannesburg in Guateng and Musina in Limpopo Province in South Africa. Johannesburg, Pretoria and Cape Town are important destinations for irregular migrants in South Africa, while Musina, as a border city, is a major entry point for irregular migrants into the country.10 In addition, there are also many non-governmental organisations (NGOs)11 that deal with human trafficking or HIV/AIDS in the locations selected for this study. The government has stepped up its efforts to prosecute. PACOTIP criminalized sex and labor trafficking and imposed sentences of up to life in prison, a fine of up to 100 million South African rand ($7.1 million), or both. The penalties were quite severe; However, with regard to sex trafficking, the penalty prescribed by providing a fine instead of imprisonment is not appropriate for other serious crimes such as rape. The modalities for the application of the immigration provisions of PACOTIP in Articles 15, 16 and 31 (2) (b) (ii) have not been adopted; As a result, key sections of the law have remained inactive. The Criminal (Sexual Offences and Related Matters) (CLAA) Amendment Act 2007 also criminalized sex trafficking in children and adults and provides for penalties of up to life imprisonment; These penalties were sufficiently severe and corresponded to other serious crimes such as rape related to sex trafficking. The Basic Conditions of Employment Act (BCEA), as amended in 2014, criminalized forced labour and provided for maximum sentences of three to six years in prison. In addition, the Children (Amendment) Act 2005 provides for penalties ranging from five years to life imprisonment or fines for the use, acquisition or offering of a child for the purpose of slavery, commercial sexual exploitation or the commission of crimes. Prosecutors have sometimes relied on the Organized Crime Prevention Act of 1998 combined with CLAA, which added additional charges — such as money laundering, extortion or criminal gang activity — and increased sentences for convicted defendants.
Interviewer: Can you tell us about 2 specific encounters you had with human traffickers? This communication for some is authentic where the prices do not change and on delivery you will leave. On the other hand, some see more profit in having to make the deal by raising the price before reaching the goal. This communication makes victims believe that they are safe since they have communicated with my brother or cousin. Sometimes he (the trafficker) doesn`t even communicate with someone he just calls an anonymous person, but the victim will assume that he is calling his relative. It doesn`t give you a chance to talk to that person. He doesn`t give you a chance to say hello, I`m fine, I ate, he asks you to give him the number, and he calls. After dropping them all off at their destination, they disappear with the victim. The data analysis took place in two stages. First, a quick analysis of the field notes was performed, which suggested patterns in the data and helped develop topics and codes for the second phase of the analysis.
In the second phase of the analysis, the data collected was transcribed and the transcripts were processed for accuracy. The transcripts were imported into the Atlas.ti 7 software for qualitative analysis and the subjects were developed in accordance with the objectives of the study. Transcripts were coded for new categories until saturation was reached (i.e. no new ideas emerging from the data). The analysis and presentation includes illustrative quotes as well as thematic and network mapping of human trafficking and HIV and other related issues. (August 2, 2013) On 29 July 2013, South African President Jacob Zuma signed the country`s first comprehensive Human Trafficking Act, the Preventing and Combating Trafficking in Human Beings Act (PCTPB), which aims, among other things, to implement South Africa`s international obligations with regard to the problem. (President Jacob Zuma signs legislation to prevent and combat trafficking in human beings, SOUTH AFRICAN GOVERNMENT INFORMATION (29. July 2013).) We did a study on child trafficking in the Western Cape province. What we have found is that child trafficking often occurs that we would like to believe or has been identified as being because of its complex nature. This is happening under people`s noses and they do not recognize victims of human trafficking.13 The government has stepped up its efforts to prevent human trafficking. The Government has approved its national policy framework, a strategic plan with a national action plan to improve capacity and coordination in the fight against trafficking in human beings among government agencies.
The NPA and DOJ oversaw the National Intersectoral Committee on Trafficking in Persons (NICTIP) and six provincial working groups that met quarterly to coordinate efforts to combat human trafficking and address challenges. Both NICTIP and provincial task forces have often demonstrated poor coordination and communication. Some of the provincial task forces have ceased to meet or function. There was no obligation to require these groups to function; Officials in positions of authority with the ability to facilitate change rarely attended meetings. The Government continued to work on the implementation of CDIC`s regional data collection tool. For the first time, doJ included an indicator of human trafficking in its annual performance plan, the Department`s strategic plan through which Parliament held it accountable. The Government carried out national awareness-raising activities during the reporting period. The NPA, DOJ, SAPS and the Ministry of Education conducted six student outreach activities across the country. DSD organized an awareness conference on best practices in combating child trafficking, attended by 200 delegates from across the country and supported by the NPA and several provincial task forces.
The NPA, the Ministry of Health, the local government, NGOs, firefighters and religious leaders sensitized community members and distributed leaflets and brochures on the role of the CENTRES in the context of human trafficking. The government has talked about human trafficking on live radio. The Western Cape Ministry of Education worked with an NGO to integrate the content of the NGO`s curriculum, “Bodies Are Not Commodities,” into the province`s life orientation classes in Grades Nine and 10. The Western Cape Provincial Government has also developed an outreach programme that provides social services from NGOs and government agencies to rural communities and vulnerable groups. At a transport hub in Johannesburg, various ministries have joined forces with a national anti-trafficking network to raise awareness among commuters.