'SA law insufficient to curb trafficking'

If Justice and Constitutional Development Minister Enver Surty has his way, new legislation regarding human trafficking could be in place by the end of next year.

Speaking at the South African Law Reform Commission's conference on Tuesday, Surty said protection offered by current laws was not sufficient.

"The ideal is to deal with the commission's recommendations and draft legislation immediately, but reality is that we first have an election next year.

"The process will have to start immediately after that," he said.

In his view the legislation could be finalised before the end of 2009 to be in place before the 2010 Fifa World Cup soccer tournament.

The commission's reports included human trafficking, stalking, protected disclosures (whistle blowing) and the administration of estates.

Constitutional Court judge and the commission's chairperson, Yvonne Mokgoro, said all these subjects were in line with the 16 Days of Activism for No Violence Against Women and Children which started yesterday.

Surty said about 12,4-million people, mostly children and women, experienced one or other form of slavery like forced labour and sexual bondage across the globe.

"This is a huge challenge for the entire world. It affects us in the most negative and dramatic way. We have a clause prohibiting slavery, forced labour, bondage. We have to protect and fulfill these rights of the people," he said.

Just like trafficking, the minister said stalking should also form part of not only 16 days of activism, but 365 days against abuse.

Researcher Lowesa Stuurman said in her report that the commission's investigation formed part of the government's response to human trafficking.

The main aspects addressed in the report were prevention, prosecution and the protection of victims.

Stuurman's report recommended the establishment of public awareness programmes and other measures for the prevention of human trafficking.

"Protective measures like avenues for reporting and referral of child and adult victims, a recovery and reflection period allowing foreign adults to stay in the country for up to 90 days, immunity from prosecution for crimes as a direct result of being a victim of trafficking and the safety of victims during repatriation and in their own country, should be included," Stuurman stated.

She also said victims should be compensated for physical or psychological injury or if infected with a life-threatening disease.

Researcher Dellene Clark said in her report and draft bill on stalking, that the aim was to allow victims who fell outside the protection of the Domestic Violence Act an option to obtain a protection order, coupled with a suspended warrant of arrest. This meant that if a stalker did not comply with the order or its conditions, he would be arrested.

"The focus is to interrupt stalking behaviour before physical harm ensues," she said.

Clark suggested that the broader term "harassment" rather be used, as it provided greater protection.

"Harassment is engaging in conduct that causes harm or inspires the reasonable belief that harm may be caused," she defined it.

Although stalking was not recognised as a crime in South Africa, the behaviour was addressed by several existing offences such as assault, crimen injuria, trespassing and damage to property.

Deputy Justice Minister Johnny de Lange said implementation of legislation was a big problem.

"We have to make these laws work and we are looking at various ways to do that. We should all be embarrassed about the way we treat our women and children," De Lange said.

• This article was originally published on page 4 of The Pretoria News on November 26, 2008