"Basic Conditions of Employment Act" means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);
"Criminal Law (Sexual Offences and Related Matters) Amendment Act" means the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);
"Immigration Act" means the Immigration Act, 2002 (Act No. 13 of 2002; and
"Prevention and Combating of Trafficking in Persons Act" means the Prevention and Combating of Trafficking in Persons Act, 2013.
| (2) |
If the evidence on a charge of trafficking in persons provided for in section 4 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, does not prove the offence of trafficking in persons or the involvement in the offence, but the offence of— |
| (a) |
assault with intent to do grievous bodily harm; |
| (c) |
rape as provided for in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act; |
| (d) |
compelled rape as provided for in section 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act; |
| (e) |
sexual assault as provided for in section 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act; |
| (f) |
compelled sexual assault as provided for in section 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act; |
| (g) |
compelled self-sexual assault as provided for in section 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act; |
| (h) |
debt bondage as provided for in section 5 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act; |
| (i) |
the possession, destruction, confiscation, concealment of or tampering with documents as provided for in section 6 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act; |
| (j) |
using the services of a victim of trafficking as provided for in section 7 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act; |
| (k) |
conduct facilitating trafficking in persons as provided for in section 8 or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act; |
| (l) |
transporting a person within or across the borders of the Republic knowing that the person is a victim of trafficking as provided for in section 9(1) or any involvement in the offence as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act; |
| (m) |
entering or remaining in, or departing from the Republic as provided for in section 49(1)(a) of the Immigration Act; |
| (n) |
knowingly assisting a person to enter or remain in, or depart from the Republic as provided for in section 49(2) of the Immigration Act; |
| (o) |
employing a child as provided for in section 43 of the Basic Conditions of Employment Act; or |
| (p) |
forced labour as provided for in section 48 of the Basic Conditions of Employment Act, |
the accused may be found guilty of the offence so proved.
[Section 261A inserted by section 48 of Act No. 7 of 2013]
Statistics Act, 1999
