| (1) |
The Director-General: Justice and Constitutional Development, after consultation with the National Commissioner of the South African Police Service, the National Director of Public Prosecutions, the Chief Executive Officer of the Government Communication and Information System, the Commissioner of the South African Revenue Service and the Directors-General: Health, Home Affairs, International Relations and Cooperation, Labour, Social Development, State Security Agency and Women, Children and People with Disabilities, is responsible for— |
| (a) |
developing a draft national policy framework, referred to in section 40(1), which must include guidelines for— |
| (i) |
the implementation of the priorities and strategies contained in the national policy framework; |
| (ii) |
measuring progress on the achievement of the national policy framework objectives; |
| (iii) |
ensuring that the different organs of state comply with the roles and responsibilities allocated to them in terms of the national policy framework and this Act; and |
| (iv) |
monitoring the implementation of the national policy framework and this Act; |
| (i) |
from which countries victims are being trafficked to the Republic; |
| (ii) |
to which countries South African citizens and other residents are being trafficked; |
| (iii) |
the nationality of victims transiting the Republic and the countries to which they are being trafficked; |
| (iv) |
the number of victims that have been repatriated to the Republic and the countries to which they were trafficked; |
| (v) |
the areas in the Republic to and from which victims are being trafficked; |
| (vi) |
the purposes for which persons who have been identified as victims of trafficking have been trafficked; |
| (vii) |
the profiles of the traffickers and their victims, including the age, gender, nationality and sex of the victims; |
| (viii) |
which routes are used by traffickers to cross the borders of the Republic; |
| (ix) |
which routes are used by traffickers to enter the countries to which South African citizens and other residents were trafficked; |
| (x) |
the methods used by traffickers to recruit and transport their victims; |
| (xi) |
the methods and routes used for trafficking victims within the Republic; |
| (xii) |
the methods used by traffickers to keep victims in exploitative situations; |
| (xiii) |
the types of travel documents traffickers and their victims have used or attempted to use to cross the borders of the Republic and to enter the countries to which South African citizens and other residents were trafficked and how these documents were obtained; |
| (xiv) |
whether there is a link between trafficking operations and those involved in other forms of organised crime; |
| (xv) |
the number of trafficking prosecutions, convictions and the form of sentences imposed on perpetrators; |
| (xvi) |
the number of victims of trafficking who are awarded compensation orders in terms of section 29 of the Act; and |
| (xvii) |
the number of cases the courts refrained from providing compensation orders and the reasons for doing so: |
Provided that information which identifies victims of trafficking must be kept confidential;
| (c) |
developing and reviewing guidelines on the identification of victims of trafficking and traffickers; and |
| (d) |
establishing public awareness programmes or other measures for the prevention and combating of trafficking in persons designed to— |
| (i) |
inform and educate members of the public, especially those who are vulnerable or at risk of becoming victims of trafficking, foreigners who apply for South African visas who may be victims of trafficking, and South African citizens or permanent residents who apply for South African passports or who depart abroad, on issues relating to trafficking in persons, including— |
| (aa) |
common recruitment techniques used by traffickers; |
| (bb) |
practices used to keep victims of trafficking in exploitative situations; |
| (cc) |
the forms of abuse to which victims of trafficking may be subjected; and |
| (dd) |
organisations, institutions or law enforcement agencies that may be approached for assistance or information; |
| (ii) |
inform and educate victims of trafficking on— |
| (aa) |
their rights as victims; |
| (bb) |
legal or other measures in place to ensure their safety, recovery, return and repatriation; and |
| (cc) |
organisations, institutions or law enforcement agencies that may be approached for assistance of information; and |
| (iii) |
discourage the demand for and the supply of victims of trafficking that foster the exploitation of those victims, especially women and children. |
(2)
| (a) |
The programmes or other measures referred to in subsection (1)(d) must— |
| (i) |
include appropriate measures aimed at reaching rural communities; |
| (ii) |
where possible, be provided in a language understood by the persons at whom they are directed; and |
| (iii) |
be reviewed every second year in order to determine their effectiveness. |
| (b) |
The Director-General: Justice and Constitutional Development must take all reasonable steps within available resources to ensure that the programmes or other measures referred to in subsection (1)(d) are implemented throughout the Republic. |
| (3) |
The Director-General: Justice and Constitutional Development may, after consultation with the National Commissioner of the South African Police Service, the National Director of Public Prosecutions, the Chief Executive Officer of the Government Communication and Information System, the Commissioner of the South African Revenue Service and the Directors-General: Health, Home Affairs, International Relations and Cooperation, Labour, Social Development, State Security Agency and Women, Children and People with Disabilities make recommendations to the Minister with regard to the amendment of the national policy framework. |
| (4) |
The Minister may make regulations establishing and regulating the functioning of a mechanism to facilitate the implementation of this Act and to coordinate the responsibilities, functions and duties referred to in this section. |
Housing Development Agency Act, 2008
