281. The purposes of this Chapter are—

(a) to give effect to the UN Protocol to Prevent Trafficking in Persons; and

(b) generally to combat trafficking in children.

UN Protocol to Prevent Trafficking in Persons to have force of law

282. The UN Protocol to Prevent Trafficking in Persons is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act.

International co-operation

283. (1) The President may on such conditions as he or she deems fit—

(a) enter into an agreement with a foreign State that is not a State Party to the UN Protocol to Prevent Trafficking in Persons in respect of any matter pertaining to trafficking in children;

(b) enter into an agreement with a foreign State that is a State Party to the UN Protocol to Prevent Trafficking in Persons in respect of any matter pertaining to trafficking in children for the purpose of supplementing the provisions of the Protocol or to facilitate the application of the principles contained therein.

(2) An agreement contemplated in subsection (1) may not be in conflict with the provisions of the UN Protocol to Prevent Trafficking in Persons.

(3) The President may agree to any amendment or revocation of an agreement contemplated in subsection (1).

(4) An agreement contemplated in subsection (1) or any amendment to revocation thereof, shall not be of any force or effect until such agreement, amendment or revocation has been approved by Parliament.

Trafficking in children prohibited

84. (1) No person, natural or juristic, or a partnership may traffic a child or allow a child to be trafficked.

(2) It is no defence to a charge of contravening subsection (1) that—

(a) a child who is a victim of trafficking or a person having control over that child has consented to—

(i) the intended exploitation; or

(ii) the adoption of the child facilitated or secured through illegal means; or

(b) the intended exploitation or adoption of a child referred to in paragraph (a) did

not occur.

(3) In order to establish the liability, in terms of subsection (1), of an employer or principal, the conduct of an employee or agent of or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting—

(a) within the scope of his or her employment;

(b) within the scope of his or her actual or apparent authority; or

(c) with the express or implied consent of a director, member or partner of the employer or principal.

(4) A finding by a court that an employer or principal has contravened subsection (1) serves as a ground for revoking the licence or registration of the employer or principal to operate.

Behaviour facilitating trafficking in children prohibited

285. (1) No person, natural or juristic, or a partnership, may—

(a) knowingly lease or sublease or allow any room, house, building or establishment to be used for the purpose of harbouring a child who is a victim of trafficking.

(b) advertise, publish, print, broadcast, distribute or cause the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology.

(2) Every Internet service provider operating in the Republic must report to the South African Police Service any site on its server that contains information in contravention of subsection (1).

Assistance to child who is a victim of trafficking

286. (1) With due regard to the safety of a child and without delay—

(a) the Director-General: Foreign Affairs must facilitate the return to the Republic of a child who is a citizen or permanent resident of the Republic and who is a victim of trafficking; and

(b) the Director-General: Home Affairs must—

(i) facilitate and accept the return of a child contemplated in paragraph (a);

(ii) issue such travel documents or other authorisations as may be necessary

to enable such a child to travel to and enter the Republic;

(iii) at the request of another state that is a party to the UN Protocol to Prevent Trafficking in Persons or to an agreement relating to trafficking in children, verify that the child who is a victim of trafficking is a citizen or permanent resident of the Republic; and

(iv) upon the child’s entry into the Republic refer the child to a designated social worker for investigation in terms of section 155(2).

(2) (a) If it is essential in the best interests of a child who has been trafficked, the Director-General must authorise an adult at state expense to escort the child from the place where the child was found to the place from which the child was trafficked.

(b) The Director-General may not act in terms of paragraph (a) unless he or she is satisfied that the parent, guardian, care-giver or other person who has parental responsibilities and rights in respect of the child does not have the financial means to travel to the place where the child is in order to escort the child back.

Trafficking of children by parent, guardian or other person who has parental

287. If a court has reason to believe that the parent or guardian of a child or any other person who has parental responsibilities and rights in respect of a child, has trafficked the child or allowed the child to be trafficked, the court may—

(a) suspend all parental responsibilities and rights of that parent, guardian, or other person; and

(b) place that child in temporary safe care, pending an inquiry by a children’s

court.

Reporting of child who is a victim of trafficking

288. An immigration official, police official, social worker, social service professional, medical practitioner or registered nurse who comes into contact with a child who is a victim of trafficking in the Republic must refer that child to a designated social worker for investigation in terms of section 288(1).

Child who is a victim of trafficking found in Republic

288. (1) A child who is a victim of trafficking—

(a) must be referred to a designated social worker for investigation in terms of section 155(2); and

(b) may, pending such investigation, be placed in temporary safe care.

(2) If, after an investigation contemplated in subsection (1), an illegal foreign child is brought before the children’s court, the court may order that the child be assisted in applying for asylum in terms of the Refugees Act, 1998 (Act No. 130 of 1998).

(3) A finding in terms of section 156 that an illegal foreign child who is a victim of trafficking is a child in need of care and protection serves as authorisation for allowing the child to remain in the Republic for the duration of the children’s court order.

Repatriation of child who is a victim of trafficking

290. (1) The Director-General may not return a child contemplated in section 288(2) to his or her country of origin or the country from where the child has been trafficked without giving due consideration to—

(a) the availability of care arrangements in the country to which the child is to be returned;

(b) the safety of the child in the country to which the child is to be returned; and

(c) the possibility that the child might be trafficked again, harmed or killed.

(2) (a) If it is essential in the best interests of a child who has been trafficked, the Director-General must authorise an adult at state expense to escort the child from the place where the child was found to the place from which the child was trafficked.

(b) The Director-General may not act in terms of paragraph (a) unless he or she is satisfied that the parent, guardian, care-giver or other person who has parental responsibilities and rights in respect of the child does not have the financial means to

travel to the place where the child is in order to escort the child back.

Extra-territorial jurisdiction

291.Acitizen or permanent resident of the Republic, a juristic person or a partnership registered in terms of any law in the Republic that commits an act outside the Republic which would have constituted an offence in terms of this Chapter had it been committed inside the Republic, is guilty of that offence as if the offence had been committed in the Republic and is liable on conviction to the penalty prescribed for that offence.