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

Regulations

Regulations under section 43(3)

Part 1 : Regulations

18. Return of adult victim of trafficking within Republic

 

(1) An accredited organisation must, in consultation with the provincial department of social development, make an assessment of the place from where the victim has been trafficked to ascertain the safety of the victim, the possibility of being trafficked again in the event he is returned back to that place.

 

(2) An accredited organisation must, after the assessment referred to in subregulation (1) and if satisfied about the safety of the victim and that there is no possibility that the victim might be harmed, killed or trafficked again, inform the department of social development of the outcome of such an assessment.

 

(3) The department of social development must, upon receipt of the outcome of the assessment from the accredited organisation:
(a) determine the distance between the accredited organisation and the place where the victim is to be transported;
(b) ascertain the cost of transporting such a victim based on the mode of transportation; and
(c) ascertain whether or not such a victim has financial means to travel between the distance referred to in paragraph (a).

 

(4)

(a) The department of social development must, after consulting the accredited organisation and assessing the financial means of the victim, determine whether the victim does have the financial means to travel from the accredited organisation to the place from where the victim was trafficked.
(b) Where the victim is found to have the financial means to travel, the department of social development must, in consultation with the accredited organisation, arrange transport to be paid by the victim.
(c) Where the victim is found not to have the financial means to travel, the department of social development must, in consultation with the accredited organisation, provide transport for the victim to the place from where the victim was trafficked.