The legal framework regulating the protection and assistance of victims of human trafficking : a South African perspective

Abstract

Human trafficking is a phenomenon often likened to slave trade which has had an adverse impact on victims for centuries. The trade in humans has demoralised society as it transcends boundaries, the callousness of the act cloaked in well-meaning deceit, unknown to those that fall prey to traffickers till it is too late. The victims that are rescued or are able to escape in South Africa and Nigeria have not been accorded the necessary protection and assistance required, most being unaware of the treatment they should be receiving. This research assesses the Prevention and Combating of Trafficking in Persons Act (Trafficking Act) by juxtaposing the rehabilitative and after care provision that existed prior to the Trafficking Act coming into force and further examines the interventions that the Trafficking Act aims to put in place. The contradiction in the provisions of the Trafficking Act and its Regulations call into question the feasibility in the implementation of the legislation. A human rights approach is taken into account as necessitated by the Guidelines and Principles that are in concert with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. Despite the South African Constitution being progressive legislation as it underpins equality and non-discrimination as its bedrock, human trafficking is rife. Human trafficking is a multifaceted problem that requires cooperation from various sectors.