| (1) |
Pending the adoption of legislation in compliance with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans-National Organized Crime (signed on 14 December 2000) and the repeal of this Part, the transitional provisions in this Part relating to the trafficking in persons for sexual purposes are provisionally provided for in partial compliance of our international obligations and to deal with this rapidly growing phenomena globally. |
(2) For purposes of this Part—
| (a) |
"commercial carrier" includes a company, or the owner, operator or master of any means of transport, that engages in the transportation of goods or people for commercial gain; and |
| (b) |
'trafficking' includes the supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the Republic, by means of— |
| (ii) |
the threat or use of force, intimidation or other forms of coercion; |
| (v) |
deception or false pretences; |
| (vi) |
the abuse of power or of a position of vulnerability, to the extent that the complainant is inhibited from indicating his or her unwillingness or resistance to being trafficked, or unwillingness to participate in such an act; or |
| (vii) |
the giving or receiving of payments, compensation, rewards, benefits or any other advantage, |
for the purpose of any form or manner of exploitation, grooming or abuse of a sexual nature of such person, including the commission of any sexual offence or any offence of a sexual nature in any other law against such person or performing any sexual act with such person, whether committed in or outside the borders of the Republic, and "trafficks" and "trafficked" have a corresponding meaning.
Protection of Businesses Act, 1978
