| (1) |
A person ('A') who trafficks any person ('B'), without the consent of B, is guilty of the offence of trafficking in persons for sexual purposes. |
(2) A person who—
| (a) |
orders, commands, organises, supervises, controls or directs trafficking; |
| (b) |
performs any act which is aimed at committing, causing, bringing about, encouraging, promoting, contributing towards or participating in trafficking; or |
| (c) |
incites, instigates, commands, aids, advises, recruits, encourages or procures any other person to commit, cause, bring about, promote, perform, contribute towards or participate in trafficking, |
is guilty of an offence of involvement in trafficking in persons for sexual purposes.
| (3) |
For the purpose of subsection (1), "consent" means voluntary or uncoerced agreement. |
| (4) |
Circumstances in which B does not voluntarily or without coercion agree to being trafficked, as contemplated in subsection (3), include, but are not limited to, the following— |
| (a) |
where B submits or is subjected to such an act as a result of any one or more of the means or circumstances contemplated in subparagraphs (i) to (vii) of the definition of trafficking having been used or being present; or |
| (b) |
where B is incapable in law of appreciating the nature of the act, including where B is, at the time of the commission of such act— |
| (iii) |
in an altered state of consciousness, including under the influence of any medicine, drug, alcohol or other substance, to the extent that B's consciousness or judgement is adversely affected; |
| (iv) |
a child below the age of 12 years; or |
| (5) |
A person who has been trafficked is not liable to stand trial for any criminal offence, including any migration-related offence, which was committed as a direct result of being trafficked. |
(6)
| (a) |
A commercial carrier commits an offence if the carrier brings a person into or removes a person from the Republic and, upon entry into or departure from the Republic, the person does not have the travel documents required for lawful entry into or departure from the Republic. |
| (b) |
A commercial carrier is not guilty of an offence under paragraph (a) if— |
| (i) |
the carrier had reasonable grounds to believe that the documents that the person has are the travel documents required for lawful entry into or departure from the Republic by that person; |
| (ii) |
the person possessed the travel documents required for lawful entry into or departure from the Republic when that person boarded, or last boarded, the means of transport to travel to or from the Republic; or |
| (iii) |
entry into the Republic occurred only because of illness of or injury to a child or adult on board, stress of weather or other circumstances beyond the control of the commercial carrier. |
| (c) |
A commercial carrier is, in addition to any offence under this section, liable to pay the costs of the trafficked person's care and safekeeping and return from, the Republic. |
| (d) |
A court must, when convicting a commercial carrier of an offence under this section, in addition order the commercial carrier concerned to pay the costs contemplated in paragraph (c). |
Broad-Based Black Economic Empowerment Act, 2003
