Human Trafficking In South Africa

3.1 factors leading to human trafficking in South Africa

Many factors may play a role in the projected high percentage of incidents of trafficking in persons that go unreported or undiscovered for instance, under the current legislative regime in South Africa, there are disincentives for victims of human trafficking to turn themselves in, as they may be prosecuted for prostitution or other crimes (Najemy, 2010).

Additionally, South Africa ‘s current witness protection program fails to provide complete support and protection for victims and therefore may also deter human trafficking victims from stepping forward. Researchers also contend that access to victims is difficult as they are hard to identify (Najemy, 2010).

The policy paper published

The Mozambican legislation does not seem to oblige or compel victims and witnesses to provide information to the authorities regarding human trafficking. To this extent, it differs from the South African legislation. The South African legislation expressly states that, “despite any law, policy or code of conduct prohibiting the disclosure of personal information, any person who knows or ought reasonably to have known or suspected that a child is a victim of trafficking must immediately report that knowledge or suspicion to a police official for investigation”. This provision applies to both individuals and organisations and has a compelling force. The wording of the provision appears to indicate that witnesses who knowingly refuse to report cases of trafficking risk being prosecuted themselves (Iroanya,

The South African legislation provides that a South African Court has jurisdiction in respect of acts of trafficking committed outside South Africa, which could have constituted an offence if it had been committed in the country. The Mozambican legislation does not have a provision relating to extra-territorial jurisdiction. However, it does refer to other penal codes which may also be used to prosecute human trafficking. South African and Mozambican national legislation are comprehensive legal instruments that holistically address the problem of human trafficking. They cover all aspects of the Palermo Protocol and go further to cover areas not adequately covered by the international legal instrument, such as the exemption of human trafficking victims from criminal prosecution for offences committed because of having been trafficked. Whereas only victims of international trafficking are protected under the Palermo Protocol, the South African and Mozambican legislation provide for both victims of international and domestic trafficking (Iroanya,