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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 4 : Identification and Protection of Victims of Trafficking

20. Appeals against decision of provincial head

 

(1) If a provincial head is not satisfied that the person referred to in section 19(8) is a victim of trafficking, or withdraws a letter of recognition in terms of section 19(11)—
(a) that provincial head must provide written reasons to the person affected by his or her decision; and
(b) the person affected by the decision not to issue a letter of recognition in terms of section 19(10) or to withdraw a letter of recognition in terms of section 19(11) may, within 14 days of being informed of that decision, lodge an appeal in the prescribed manner to the MEC having jurisdiction.

 

(2) The MEC must, within 30 days of the appeal being lodged, finalise the appeal in the prescribed manner.

 

(3) If the appeal is unsuccessful or the affected person does not lodge an appeal, and the affected person is an illegal foreigner, he or she must be referred by the provincial department of social development in the prescribed manner to the Department of Home Affairs, to be dealt with in terms of the Immigration Act.