Implementation of Geneva Conventions Act, 2012
R 385
Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)RegulationsRegulations under section 43(3)Part 1 : Regulations14. Developmental quality assurance process in respect of each accredited organisation |
(1)
| (a) | A developmental quality assurance process referred to in section 24(5) of the Act must be conducted by a quality assurance panel appointed by the Minister. |
| (b) | The panel must consist of not less than three and not more than seven members and at least one member must be a person from an organisation that is independent from organisations providing services to victims of trafficking. |
| (c) | The members of the panel must have knowledge and experience relating to trafficking programmes and children’s issues pertaining to development, care and protection of children. |
| (d) | An official employed by the State may be appointed as a member of the panel. |
| (e) | The panel must determine its own procedures having regard to sound administrative practices and just administrative action. |
| (2) | In conducting the developmental quality assurance process the panel must― |
| (a) | give the accredited organisation reasonable notice of the intention to conduct the developmental quality assurance; |
| (b) | hold a preliminary meeting with the management and relevant staff of the accredited organisation to discuss the objective of the developmental quality assurance, the methods, mechanisms and criteria which will be used in the process; |
| (c) | invite the accredited organisation to submit any written evidence on self-review and recommendations; |
| (d) | receive oral evidence where necessary and consider and assess the evidence received; |
| (e) | begin fieldwork which must include site-visits and interviews with the victims who are attending or who have attended the trafficking programmes; |
| (f) | prepare a preliminary report which must contain the proposed findings and recommendations supported by reasons for the findings; |
| (g) | give the accredited organisation an opportunity to respond to the preliminary report; |
| (h) | consider the response, if any, of the accredited organisation on the preliminary report; and |
| (i) | compile a final report. |
| (3) | The preliminary and final report must― |
| (a) | provide sufficient information so as to enable the accredited organisation and the Minister to understand its conclusions and findings; |
| (b) | state the information that was considered; |
| (c) | explain how the panel arrived at the conclusions and its findings; |
| (d) | include the sources of the information; |
| (e) | in a logical manner reflect the recommendations made, if any; |
| (f) | motivate any recommendation made in an appropriate manner, pursuant to the information that was available and considered; and |
| (g) | indicate, in the case of conflicting information, which information was relied upon and the reasons therefor. |
(4)
| (a) | The panel must submit the final report to the Minister to be dealt with in terms of the policy framework and system referred to in section 40 of the Act. |
| (b) | A copy of the final report must be submitted to the accredited organisation. |
| (5) | A development quality assurance process must be conducted in respect of each accredited organisation at least once a year or upon receipt of a complaint. |
