Justice Home The Constitution Flag

Criminal Law

Home> Criminal Law> Trafficking in Persons

Prevention and combating of Trafficking

“Trafficking in persons is a vile crime that feeds on inequalities, instability and conflict. Human traffickers profit from peoples’ hopes and despair. They prey on the vulnerable and rob them of their fundamental rights. Children and young people, migrants and refugees are especially susceptible. Women and girls are targeted again and again. We see brutal sexual exploitation, including involuntary prostitution, forced marriage and sexual slavery. We see the appalling trade in human organs. Human trafficking takes many forms and knows no borders. Human traffickers too often operate with impunity, with their crimes receiving not nearly enough attention. This must change. […] Let us come together around the key issues of prevention, protection and prosecution to build a future where this crime cannot exist.” Message of United Nations Secretary-General, António Guterres, on the World Day against Trafficking in Persons, 30 July 2018.

Trafficking in persons is a serious crime and a grave violation of human rights posing a serious challenge to communities and to society at large. The Government of the Republic of South Africa is committed to put in place measures to prevent this criminal phenomenon, stepping up its efforts to assist and protect victims of trafficking, while prosecuting the perpetrators. Trafficking in persons results in the exploitation of men, women, boys and girls in situations where victims are unable to escape from their trafficker.

Deception, coercion, physical or psychological threats, abuse of vulnerability are some of the means used to exploit victims, including in forced labour, sexual exploitation, servitude or slavery-like practices, removal of body parts, forced marriages and other exploitative practices.

Ttrafficking entails any or all of the following: delivery, recruitment, transportation, transfer, harbouring, sale, exchange, lease or receipt of persons within or across borders.

The Republic of South Africa is a primary destination for trafficked persons in the Southern African region and within Africa at large. It is also an origin and transit country for trafficking towards Europe and North America.

The majority of victims identified in 2017 were South African nationals. Other nationalities included Thailand, Ethiopia, Lesotho, Mozambique, Ghana, Nigeria, Bulgaria, Swaziland and Tanzania.

Trafficking in persons in South Africa involves a range of criminal networks, dominated by different nationalities in specific locations.

Countering this complex phenomenon is challenging and efforts to curb the crime and protect its victims require the intervention of a multiplicity of stakeholders, including governmental agencies, non-governmental organisations, civil society at large and international organisations.

Trafficking in Persons Reports

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

The Prevention and Combating of Trafficking in Persons Act, 2013 (Act No.7 of 2013) was introduced to give effect to South Africa’s obligation to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Person, especially women and children. It deals comprehensively with human trafficking in all its various forms and in particular provides for the protection of and assistance to victims of trafficking. Persons engaged with trafficking will be liable on conviction to a severe fine or imprisonment, including imprisonment for life, or such imprisonment without the option of a fine or both. Trafficking in persons is a serious crime and a grave violation of human rights.

Legislation and Documents

Forms

  • Follow this link to access the listed forms:
    J959 Reporting Statement (Directive 6(5)(A))
    J960 Oath of Affirmation (Directive 7(9))
    J990 Form - Referral of accused person in terms of section 22(2)(b)
    J990SW Referral of accused person in terms of section 22(2)(b).

Prevention and combating of trafficking in Persons National Policy Framework, April 2019

Prevention and combating of trafficking in Persons National Policy Framework, April 2019

The NPF seeks to ensure all government departments and other engaged stakeholders from civil society are collectively guided in the implementation of anti-trafficking responses and of their statutory responsibilities.

In particular, the NPF intends to support the implementation of the Prevention and Combating of Trafficking in Persons, 2013 (Act No. 7 of 2013), hereinafter referred to as the Act, which aims to ensure that the criminal justice system is effective in prosecuting the criminals and protects the victims of trafficking in persons, promoting a cooperative and aligned response among all government departments, as well as with civil society organisations engaged in assisting and supporting trafficked persons. As a strategic planning tool, the national policy framework is also key to secure political and financial support and to ensure rational use of resources and effective responses.

Anti-Trafficking Coordination Structures:

  • National Coordinator and Secretariat     
  • National Inter-Sectoral Committee on Trafficking in Persons (NICTIP)      
  • National Rapid Response Team (NRRT)  
  • Provincial Task Teams (PTT)        
  • Provincial Rapid Response Teams (PRRT)

Did you know?

Any person who delivers, recruits transports, transfers, harbor’s, sells, exchanges, leases or receives another person within or across the borders of South Africa by means of:

  • Threat or harm
  • Threat or use of force or other forms of coercion
  • The abuse of vulnerability
  • Fraud
  • Deception
  • Abduction/kidnapping/abuse of power within or across the borders of the Republic for the purpose of the exploitation of that child/person in any form or manner

is guilty of human trafficking.

Using services of victims of trafficking:

Any person who intentionally benefits, financially or otherwise from the services of victim of trafficking or uses or enables another person to use the services of a victim of trafficking and knows reasonably or suspected that such person is a victim of trafficking is guilty of the offence.

Tampering with documents

Any person who has  in his/her possession or internationally destroy, confiscates or tampers with any actual or purported identification document, passport or other travel documents of victims of trafficking in facilitating or promoting trafficking in persons is also guilty of an offence.

Definition of Child Trafficking Elements

Child victims of trafficking will fall under all the protective measures of the Children’s Act, whilst organisations that provide services to adult victims must be accredited and must comply with certain norms and standards and must offer specific programmes to victims of trafficking.

  • A child – a person under the age of 18.
  • Is recruited, transported, harboured and received by force or not, by a third person or group of persons.
  • Movement may be either within the country or across borders.
  • Exploitation in the form of production of pornography or pornographic performances, use in armed conflicts, child labour and or procurement of child prostitution and forced marriages.

Video

Commemorative Event on World Day Against Trafficking In Persons hosted by Deputy Minister Nel, 30 July 2025

Video

John Jefferey on Trafficking National Policy Framework, 24 Apr 2019, SABC Digital News

Articles

Aims of Human Trafficking (Women)
Women are trafficked for a number of immoral reasons including but not limited to: Forced commercial sex, Commission of crimes including fraud, Forced marriages & Slavery to domestic work.

Aims of Trafficking (Boys)
Young man or boys are being trafficked to be used amongst others: Forced hard labour, Begging for cash on street corners, Forced into mechanic work & Coercion into committing crimes.

Children likely at risk of being trafficked
Every child is at risk of becoming a victim of being trafficked but the following are mostly exposed to human trafficking:

  • Girls between the ages of 12 to 14
  • Boys between the ages of 11 – 13
  • Children who ran away from home
  • Homeless and thrown away children
  • Youth that ran away from rehabilitation centres
  • Youth that warms up to strangers
  • Youth willing to meet strangers from social networks e.g Whatsapp, skype, facebook or mxit

Hints for youth to identify a trafficker
A trafficker could be any person within the community or foreign national and they have the following methods to recruits and victims;

  • A promise of employment in a different city or foreign country
  • A sudden love affair with a stranger with a promise of lavish lifestyle
  • False advertisement for jobs in foreign countries especially as waitresses, maids or dancers in clubs
  • Offer of travel vouchers
  • A loan to entice victims to move overseas
  • A loan to purchase business merchandise from overseas i.e clothing and accessories

Methods used by traffickers in exercising control over their victims
The following is some of the tactics used by traffickers to control their victims once trafficked:

  • Force, rape, beatings, drugs usage during the early stages
  • Victims are coerced with threats of serious harm to families back home
  • Victims are made to believe that they will be arrested if they do not perform tasks
  • Traffickers may also take victims travelling papers to isolate or make travelling difficult

Hints on identifying traffickers by health care
More often the crime of trafficking in persons involves amongst others domestic violence, the following but not limited to, may be identified on a victim:

  • Poor physical and mental health condition
  • Language barriers if victim is international
  • Fear of health care workers
  • Fear to reveal the in depth situation when confronted by health care workers
  • The trafficking live in partner may offer to translate there – by giving distorted information

Few simple rules, you can prevent yourself from becoming a victim

  • Be wary of strangers
  • Do not accept lifts from strangers
  • Do not arrange to physically meet ‘friends’ that you have met on mxit
  • Do not be tempted by a promise of jobs in host cities during the fifa 2010 world cup
  • Do not be tempted by promises of tickets for any of the world cup games
  • Always let an adult know your whereabouts during the school vacation
  • Do not walk, cycle, run, or jog alone – always be in a group