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Table of Contents
Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)
Notice No. 544 of 2013
Act
Preamble
Chapter 1 : Definitions, Interpretation and Objects of Act
1. Definitions
2. Interpretation of certain expressions
3. Objects of Act
Chapter 2 : Offences, Penalties and Extra-Territorial Jurisdiction
4. Trafficking in persons
5. Debt bondage
6. Possession, destruction, confiscation, concealment of or tampering with documents
7. Using services of victims of trafficking
8. Conduct facilitating trafficking in persons
9. Liability of carriers
10. Involvement in offences under this Chapter
11. Liability of persons for offences under this Chapter
12. Extra-territorial jurisdiction
13. Penalties
14. Factors to be considered in sentencing
Chapter 3 : Status of Foreign Victims of Trafficking Required to Assist in Investigations and Prosecutions
15. Protective measures for purposes of investigation and prosecution in respect of foreign victims of trafficking
16. Facilitation of police investigation or prosecution in case of foreign witnesses
17. Application for rights of permanent residence in terms of section 31(2)(b) of Immigration Act
Chapter 4 : Identification and Protection of Victims of Trafficking
18. Reporting of and dealing with child victim of trafficking
19. Reporting of and dealing with adult victim of trafficking
20. Appeals against decision of provincial head
21. Provision of health care services to a foreigner who is a victim of trafficking
22. Criminal prosecution of victim of trafficking
23. Unauthorised access to and disclosure of information
Chapter 5 : Accreditation of Organisations to Provide
24. Accreditation of organisations to provide services
25. Norms and minimum standards
26. Programme offered by accredited organisation
27. Access to programme offered by accredited organisation
28. Plan to address needs of victim of trafficking
Chapter 6 : Compensation
29. Compensation to victim of trafficking
30. Compensation to State
Chapter 7 : Return and Repatriation of Victims of Trafficking
31. Repatriation of victim of trafficking from Republic
32. Assistance to foreign victim of trafficking
33. Repatriation of suspected victim of trafficking to Republic
34. Return of adult victim of trafficking
35. Escorting of child victim of trafficking
Chapter 8 : General Provisions
36. Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in respect of child
37. International cooperation
38. Legitimacy and validity of documents
39. Annual report on abuse or deliberate neglect of child and findings by children’s court that child is in need of care and protection
Chapter 9 : Administration of Act
40. National Policy Framework
41. Coordination of responsibilities, functions duties by Director-General to senior official
42. Report to Parliament
43. Regulations
44. National instructions and directives
45. Delegation of powers and assignment of duties by Director-General to senior official
46. Assignment of powers and duties by Director-General to provincial head
47. Delegation of powers and assignment of duties by provincial head
Chapter 10 : Miscellaneous Matters
48. Laws repealed or amended
49. Transitional arrangements
50. Short title and commencement
Schedule
Laws repealed or amended
Regulations
Prevention and Combating of Trafficking in Persons Regulations relating to Prosecutor's Referral of Suspected Victims of Trafficking in Persons, 2015
Notice No. R. 737 of 2015
1. Definitions
2. Referral of children and adult persons suspected of being victims of trafficking in terms of section 22(2)(b) of the Act
3. Short title
Annexure : Form
Regulations under section 43(3)
Notice No. R. 1006 of 2015
Part 1 : Regulations
1. Definitions
2. Assessment of a child suspected of being a victim of trafficking
3. Assessment of whether an adult person is a victim of trafficking
4. Letter of recognition to be issued to an adult person who has been found to be a victim of trafficking
5. Withdrawal of letter of recognition
6. Appeals against decision of provincial head
7. Application for condonation for late appeal
8. Referral of illegal foreigner to Department of Home Affairs
9. Application for accreditation of organisation to provide services to adult victims of trafficking
10. Arrangements prior to closure of or withdrawal of services by accredited organisation
11. Removal of accredited organisation
12. Admission of victim of trafficking to accredited organisation
13. Financial assistance to accredited organisations
14. Developmental quality assurance process in respect of each accredited organisation
15. Norms and minimum standards for accredited organisations
16. The manner in which information on victims of trafficking must be collected
17. Plan to address needs of victim of trafficking
18. Return of adult victim of trafficking within Republic
Part 2 : Forms
Form 1 : Reporting of child suspected to be a victim ...
Form 2 : Notification of placing victim of trafficking at an...
Form 3 : Assessment whether adult person is a victim ...
Form 4 : Letter of recognition as a victim of trafficking
Form 5 : Appeal to the MEC against decision of the ...
Form 6 : Application for condonation for late lodging ...
Form 7 : Application for accreditation of organisation to ...
Form 8 : Certificate of accreditation of organisation ...
Form 9 : Granting certificate of accreditation, accreditation ...
Form 10 : 90 days written notice of termination of services
Form 11 : 90 days written notice of termination of services
Form 12 : Collection of information on victims of ...
Form 13 : Assessment of the needs of a suspected ...
Form 14 : Referral of illegal foreign national to ...
Annexure A : Norms and minimum standards for accredited organisations rendering services to victims of trafficking
1. Introduction
2. Victims have the following rights according to the Victims' Charter
3. Requirements: Service providers have a duty to ensure that they meet all the requirements of the Act to render services to adult victims of trafficking
4. Norms, Standards, Outcomes and Programme Practices
4.1 Norm 1: An organisation must be accredited
4.2 Norm 2: Service providers must ensure the ...
4.3 Norm 3: Victims of trafficking must have access ...
4.4 Norm 4: Provision of separate toilets
4.5 Norm 5: Provision of privacy in rooms
4.6 Norm 6: Victims' information must be treated ...
4.7 Norm 7: Enabling environment for children ...
4.8 Norm 8: Provision of proper care for sick ...
4.9 Norm 9: Safe storage of anything that may ...
4.10 Norm 10: An organisation providing accommodation ...
4.11 Norm 11: All victims to be reintegrated into ...
4.12 Norm 12: Provision of Rehabilitation Programme ...
4.13 Norm 13: Provision of education and skills ...
4.14 Norm 14: Parents with children are accommodated
4.15 Norm 15: Organisations must provide accommodation ...
4.16 Norm 16: Victims' rights to a hygienic and safe ...
4.17 Norm 17: Preparation and provision of food ...
4.18 Norm 18: Provision made for recreational and ...
4.19 Norm 19: Administrative office must be available ...
4.20 Norm 20: Assets secured and well managed
4.21 Norm 21: Human resources must be adequately ...
Schedule
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