(1)
| (a) |
Despite any law, policy or code of conduct prohibiting the disclosure of personal information, any person who knows or ought reasonably to have known or suspected that an adult person who he or she comes into contact with during the execution of his or her duties, is a victim of trafficking, must immediately report that knowledge or suspicion to a police official for investigation. |
| (b) |
An accredited organisation which comes into contact with an adult person who is suspected of being a victim of trafficking and who has not been reported as provided for in paragraph (a), must immediately report that person to a police official, whereafter the provisions of subsections (8) to (12) apply. |
| (2) |
Any person, other than the persons referred to in subsection (1)(a), who on reasonable grounds suspects that an adult person is a victim of trafficking, may report that suspicion to a police official for investigation. |
| (3) |
Subsection (1) does not apply to the right to legal professional privilege as between a legal practitioner and his or her client in respect of communications made in confidence between the legal practitioner and— |
| (a) |
his or her client for the purposes of legal advice or litigation which is pending or contemplated or which has commenced; or |
| (b) |
a third party for the purposes of litigation which is pending or contemplated or which has commenced. |
| (4) |
A person referred to in subsection (1) or (2)— |
| (a) |
must provide reasons for that knowledge or suspicion to a police official; |
| (b) |
who makes the report in good faith, is not liable to civil or disciplinary action on the basis of the report, despite any law, policy or code of conduct prohibiting the disclosure of personal information; and |
| (c) |
is entitled to have his or her identity kept confidential if his or her safety is at risk as a result of the report, unless the interests of justice require otherwise. |
| (5) |
A police official to whom a report has been made in terms of subsection (1) or (2), or section 8(1)(b) or (2)(b)(i) or 9(2) in respect of an adult person or a police official who knows or ought reasonably to have known or suspected that an adult person is a victim of trafficking— |
(a)
| (i) |
may where necessary, and despite the proviso contained in section 26 of the Criminal Procedure Act, without a warrant, enter any premises if he or she on reasonable grounds believes that the safety of that person is at risk or that the person may be moved from those premises and may use such force as may be reasonably necessary to overcome any resistance against entry to the premises, including the breaking of any door or window of those premises, on condition that the police official must first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter those premises; |
| (ii) |
must where necessary, as a measure of last resort and with the written consent of the person concerned, take him or her into protective custody if there is an immediate threat to the safety of that person, for a period until the station commander of the police station in question is satisfied that the threat has ceased to exist, whereafter the police official may place that person in temporary safe care referred to in subsection (6); |
| (c) |
must inform the person suspected of being a victim of trafficking that he or she may apply for a visitor’s visa to remain in the Republic for a recovery and reflection period in terms of section 15 if he or she is a foreigner. |
| (6) |
A police official may place an adult person referred to in subsection (5) in temporary safe care, pending the transfer of that person to an accredited organisation. |
| (7) |
A police official must, if it is reasonably possible to do so, render such assistance to an adult person referred to in subsection (5), as may be necessary in the circumstances, including, but not limited to— |
| (a) |
assisting that person to obtain medical treatment; and |
| (b) |
transporting that person to a place of temporary safe care or an accredited organisation. |
| (8) |
The provincial department of social development which has been notified as provided for in subsection (5)(b), or to which an adult person has been referred as provided for in section 22(2)(b) or section 33(b)(v), must without delay, in the prescribed manner, assess whether the person concerned is a victim of trafficking, after taking into account the prescribed information obtained from the South African Police Service. |
| (9) |
An accredited organisation which has an adult person who is a victim of trafficking in its care and whose safety is at risk, must, where necessary, as a measure of last resort and with the written consent of the person concerned, request the South African Police Service to take the person into protective custody, for a period until the station commander of the police station in question is satisfied that the threat has ceased to exist, whereafter that person must, without delay, be returned to the accredited organisation. |
| (10) |
If the provincial department of social development, after having completed the assessment referred to in subsection (8), is satisfied that the person is a victim of trafficking, the provincial head must immediately issue a letter of recognition, as prescribed, to the victim. |
| (11) |
The provincial head may, at any time, withdraw a letter of recognition in the prescribed manner if he or she receives information that a person in respect of whom a letter of recognition was issued, was not a victim of trafficking at the time the letter of recognition was issued. |
(12) An adult person who—
| (a) |
is suspected of being a victim of trafficking referred to in subsection (1); |
| (b) |
in respect of whom a letter of recognition has— |
| (ii) |
been withdrawn as provided for in subsection (11); or |
| (c) |
in respect of whom the 14-day period referred to section 20(1)(b) has not yet expired; or |
| (d) |
has lodged an appeal as provided for in section 20(1)(b), |
may be accommodated temporarily at an accredited organisation, pending a decision in terms of subsection (10) or section 20(2).
| (13) |
Any person who fails to comply with the provisions of subsection (1) is guilty of an offence. |
Statistics Act, 1999
