Prevention of Trafficking Regulations Published for Comment

Department of Social Development

The social development department has called for comment on Draft Regulations Relating to the Prevention and Combating of Trafficking in Persons Act.

The proposed regulations are published in Gazette 38542 in terms of section 43(3) of the Prevention and Combating of Trafficking in Persons Act.

Some of the proposed draft regulations include:

  • Assessment of a child suspected of being a victim of trafficking - A provincial department of social development must ensure that an assessment is made whether a child is a victim of trafficking, after taking into account the information received from the South African Police Services. If the child is suspected of being a victim of trafficking, the provincial department of social development must refer the child to a designated social worker to conduct the investigation to establish whether or not the child is a victim of trafficking and in need of care and protection;
  • Assessment of whether an adult person is a victim of trafficking -  A provincial department of social development must ensure that a social worker makes an assessment whether an adult person is a victim of trafficking, after taking into account the information received from the South African Police Services;
  • Application for accreditation of organisation to provide services to adult victims of trafficking - An application must be lodged with the provincial head of the province within which the organisation is situated. The provincial head must in writing, direct any official employed by the department, to conduct an inspection of the organisation prior to accreditation in order to ensure compliance with the norms and minimum standards, and to submit a written report on the outcome of the inspection to the provincial head within fourteen (14) days of such inspection;
  • Arrangements prior to closure of or withdrawal of services by accredited organisation - The manager of an accredited organisation who intends to close an accredited organisation or to withdraw from providing services to victims of trafficking, must notify the provincial department of social development at least three months in advance in order to allow the department of social development to find an alternative accredited organisation to provide the required services to the victims of trafficking;
  • Financial assistance to accredited organisations - An accredited organisation may apply to the provincial department of social development for financial assistance. The application will be considered subject to the availability of funds, and the policy on financial awards to nonprofit organisation of the provincial department of social development;
  • Developmental quality assurance process in respect of each accredited organisation – The process must be conducted by a quality assurance panel appointed by the minister of social development. The panel must consist of not less than three and not more than seven members and at least one member must be a person from an organisation that is independent from organisations providing services to victims of trafficking. The members of the panel must have knowledge and experience relating to trafficking programmes and children's issues pertaining to development, care and protection of children; and
  • Return of adult victim of trafficking within the Republic - 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 and the possibility of being trafficked again in the event he is returned back to that place.

Written comments may be delivered to the office of the director general: social development in Pretoria, faxed to 012 312 7210, or e-mailed to Mphora@dsd.gov.za on or before 6 April 2015.

Sabinet Cape Town Office

Related legislation: