n South African Journal of Criminal Justice - In the firing line : the South African legislative response designed to combat human trafficking

Volume 25, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Increasingly, it is being demanded that the comprehensive draft legislation pertaining to the combating of human trafficking in South Africa be finalised, demands that are based primarily on South Africa's international obligations to combat this crime. An assessment of whether the current antitrafficking legislative framework complies with key criminal law standards laid down in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children reveals significant shortcomings. The existing counter-trafficking legislative response is fragmented and not in full compliance with international counter-trafficking standards. For this reason, law reform is necessary. It is therefore recommended that the enactment of the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 be prioritised and finalised as a matter of urgency.

'No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure,and principally through trial and error.'

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