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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 9 : Administration of Act

43. Regulations

 

(1)

(a) The Minister must make regulations regarding the manner in which prosecutors must refer children and adult persons suspected of being victims of trafficking for assessment as provided for in section 22(2)(b).
(b) The Minister may make regulations regarding the establishment and regulation of a mechanism to facilitate the implementation of this Act as provided for in section 41(4).

 

(2) The Minister of Home Affairs must make regulations regarding—
(a) the manner in which a foreigner referred to in section 15(1) will be issued with a visitor’s visa to remain in the Republic for a recovery and reflection period and the conditions upon which that visa is issued, as provided for in section 15(1);
(b) the manner in which the Director-General: Social Development must request an extension of the recovery and reflection period as provided for in section 15(4);
(c) the manner in which any extension of the recovery and reflection period must be granted as provided for in section 15(4);

[Section 43(2)(c) amended by section 22(a) of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

(cA) the manner in which any extension or withdrawal of a visitor's visa may be granted as provided for in section 16(1)(c); and

[Section 43(2)(cA) inserted by section 22(b) of Act No. 24 of 2015, GG 39587, dated 8 January 2016]

(d) the manner in which a person must be informed of arrangements that have been made for his or her reception in the country to which he or she is to be repatriated as provided for in section 31(2)(b)(ii).

 

(3) The Minister of Social Development must make regulations regarding—
(a) the assessment of a person to determine whether he or she is a victim of trafficking as provided for in sections 18(6) and 19(8) as well as the information to be obtained from the South African Police Service as provided for in those subsections;
(b) the letter of recognition to be issued to a person who has been found to be a victim of trafficking as provided for in section 19(10);
(c) the manner in which a provincial head may withdraw a letter of recognition as provided for in section 19(11);
(d) the manner in which a person must lodge an appeal as provided for in section 20(1)(b);
(e) the manner in which the MEC must deal with an appeal as provided for in section 20(2);
(f) the manner in which the provincial department of social development must refer a person referred to in section 20(3) to the Department of Home Affairs;
(g) the system of accreditation of organisations to provide services to adult victims of trafficking as provided for in section 24(2)(a);
(h) the circumstances in which accredited organisations qualify for financial assistance as provided for in section 24(2)(b);
(i) the manner in which the applications for accreditation of organisations must be considered and the form of the certificate of accreditation to be issued to an organisation which provides services to adult victims of trafficking as provided for in section 24(4)(a);
(j) the manner in which the developmental quality assurance process must be conducted in respect of each accredited organisation, as provided for in section 24(5);
(k) the norms and minimum standards for accredited organisations as provided for in section 25(1);
(l) the manner in which information on victims of trafficking must be collected as provided for in section 25(4);
(m) the form of the plan referred to in section 28(2); and
(n) the manner in which an adult victim of trafficking is to be returned as provided for in section 34(2)(b).

 

(4) Any regulations made under this section—
(a) must be submitted to Parliament for approval 60 days prior to publication thereof in the Gazette;
(b) which are not approved within the 60-day period referred to in paragraph (a) are deemed to have been approved by Parliament; and
(c) which may result in expenditure for the State, must be made in consultation with the Minister of Finance.