NEWS
Cabinet passes two Bills to
increase protection of citizens from trafficking and stalking:
Thursday 16 April 2009
In a move expected to greatly enhance protective measures for citizens
against trafficking and stalking, Cabinet on Wednesday approved two
Bills for introduction to Parliament, namely the Prevention and
Combating of Trafficking in Persons Bill, 2009 and the Protection from
Harassment Bill, 2009, which largely deals with stalking behaviour.
Both of these Bills, the result of intensive investigations conducted by
the South African Law Reform Commission (SALRC) during the previous
year, seek to address the current lack of systems, weaknesses or
fragmentation in the law in terms of protecting citizens under threat in
these two ways. They are also aimed at making a positive impact on
vulnerable groups, particularly women and children who are most often
the victims of trafficking or stalking behaviour.
“The rise in human trafficking on a global scale, and the increasing
perception of South Africa as both a transit country and a country of
destination in the trafficking of persons, requires that we address this
matter through the legal system, as a matter of some urgency” said
Minister Enver Surty of the Department of Justice and Constitutional
Development.
“The emotional and physical damage suffered by victims of trafficking
cannot be under-estimated, and their vulnerability was increased by the
lack of any specific domestic legislation on trafficking, prior to these
measures” he continued.
In response to recommendations from the SALRC, including legislative
proposals referred to as the SALRC Bills, this legislation was presented
to Cabinet in order to obtain approvals so that the two Bills can be
processed as soon as possible after the April elections.
Research by the SALRC into the trafficking of persons examined the main
causes for this activity, namely poverty, lack of economic opportunity,
and war and political instability - also possible reasons for its growth
into a highly lucrative business. The clandestine nature of trafficking
in persons means that no reliable statistics are available, resulting in
a lack of a coordinated response to the problem.
The Bill encompasses a range of protective measures aimed at protecting
the rights of victims of trafficking, increasing territorial
jurisdiction, and increasing the public’s awareness of these rights. In
addition, the SALRC recommendations are in line with the UN Trafficking
in Persons Protocol, aimed at preventing trafficking in persons,
protecting victims, and promoting cooperation among State Parties.
Similarly, the issue of stalking behaviour has been addressed in the
Bill in the context of current civil law and criminal law frameworks.
Viewed as providing inadequate recourse to victims of stalking who are
not in a domestic relationship, this legislation seeks to cater for a
civil remedy against stalking, as a remedy for harassment.
The Protection from Harassment Bill, 2009, primarily aims to address
stalking behaviour by means of an order of court, in terms of which the
harasser is prohibited from continuing with the harassing act, a
contravention of which is punishable as a crime. Although similar to the
principles contained in the Domestic Violence Act, 1998, the Bill is not
limited to persons who are in domestic relationships.
Zolile Nqayi
Department of Justice and Constitutional Development
Cell: 082 898 6483
Issued by the Department of Justice and Constitutional Development:
Media Research and Liaison
Private Bag X 81, PRETORIA, 0001 • Momentum Centre, 329 Pretorius
Street, PRETORIA • Tel (012) 315 1111, Fax (012) 315
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