Data Dashboards

South Africa
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative data, there is no change to report.

%
Best Target 8.7 Data: Child Labour Rate

No data available

Data Availability
  • Child labour: No ILO/UNICEF data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.705 (2018)

Mean School Years: 10.2 years (2018)

Labour Indicators

Vulnerable Employment: 9.7% (2018)

Working Poverty Rate: 5.4% (2020)

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not Ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2000
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Ratified 2004
Social Protection Coverage

General (at least one): 48.0% (2016)

Unemployed: 10.5% (2015)

Pension: 81.4% (2016)

Vulnerable: 35.6% (2016)

Children: 75.1% (2016)

Disabled: 64.3% (2016)

Poor: No data

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

No nationally representative data is available on child labour prevalence in South Africa.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in South Africa.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in South Africa.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in South Africa between 1990 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in South Africa is 0.705. This score indicates that human development is high. 

 

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in South Africa over time.

 

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1991 and 2018, South Africa showed a decrease in the proportion of workers in vulnerable employment as compared to those in secure employment.

 

Working Poverty Rate (Source: ILO)

Labour income tells us about a household’s vulnerability. As the ILO explains in Profits and Poverty

“Poor households find it particularly difficult to deal with income shocks, especially when they push households below the food poverty line. In the presence of such shocks, men and women without social protection nets tend to borrow to smooth consumption, and to accept any job for themselves or their children, even under exploitative conditions.”

ILO indicators that measure poverty with respect to the labour force include working poverty rate, disaggregated by sex, with temporal coverage spanning from 2000 to 2020. The chart displays linear trends in working poverty rate over time for all individuals over 15 years of age.

 

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

 

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in South Africa.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Constitution, 1996

“13 Slavery, servitude and forced labour
No one may be subjected to slavery, servitude or forced labour.”

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

“Definitions
1. In this Act, unless the context indicates otherwise—
‘‘forced labour’’ means labour or services of a person obtained or maintained—
(a) without the consent of that person; and
(b) through threats or perceived threats of harm, the use of force, intimidation or other forms of coercion, or physical restraint to that person or another person;”

Basic Conditions of Employment Act (BCEA), 1997

“48. Prohibition of forced labour
1. Subject to the Constitution, all forced labour is prohibited.
2. No person may for his or her own benefit or for the benefit of someone else, cause, demand or impsoe forced labour in contravention of subection 1
3. A person who contravenes subsection 1 or 2 commits an offence”

BCEA Sectoral Determination 7: Domestic Worker Sector (No. R 1068), 2002

“PART F : PROHIBITION OF CHILD LABOUR AND FORCED LABOUR
PROHIBITION OF CHILD LABOUR AND FORCED LABOUR
23.1. No person may employ as a domestic worker a child-

(a) who is under 15 years of age; or
(b) who is under the minimum school leaving age in terms of any law, if this is 15 or older.

2. No person may employ a child in an employment-

(a) that is inappropriate for a person of that age;
(b) that places at risk the child’s well being, education, physical or mental health, or spiritual, moral or social development.

3. An employer must maintain for three years a record of the name, date of birth and address of every domestic worker under the age of 18 years employed by them.
4. Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited.
5. No person may, for their own benefit or for the benefit of someone else
cause, demand or impose forced labour in contravention of sub-clause (4).
(6) A person who employs a child in contravention of sub-clause (1) and (2) or engages in any form of forced labour in contravention of sub-clauses (4) and (5) commits an offence in terms of sections 46 and 48 of the Basic Conditions of Employment Act respectively, read with section 93 of that Act.”

BCEA Sectoral Determination 9: Wholesale and Retail Sector, 2016

“PART F : PROHIBITION OF WORK BY CHILDREN AND FORCED LABOUR 25. PROHIBITION OF WORK BY CHILDREN
(1) No person may require or permit a child to work, if the child –

(a) is under 15 years of age; or
(b) is under the minimum school leaving age in terms of any law.

(2) A person must not require or permit a child to perform any work or provide any services-

(a) that is inappropriate for a person of that age;
(b) that places at risk the child‟s well-being, education, physical or mental health, or spiritual, moral or social development.

(3) A person who requires or permits a child to work in contravention of clause 25(1) or 25(2) commits an offence.
(4) An employer must maintain for three years a record of the name, date of birth and address of every employee under the age of 18 years employed by them.
(5) Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited.
(6) No person may, for their own benefit or for the benefit of someone else cause, demand or impose forced labour in contravention of sub-clause (5).
(7) A person who requires or permits a child to work, in contravention of sub-clauses (1) and (2) or engages in any form of forced labour in contravention of sub- clauses (5) and (6) commits an offence in terms of sections 46 and 48 of the Basic Conditions of Employment Act respectively, read with section 93 of that Act.”

BCEA Sectoral Determination 13: Farm Worker Sector, 2002

Child Labour

Basic Conditions of Employment Act (BCEA), 1997

“43. Prohibition of employment of children
1. No person may employ a child—

a. who is under 15 years of age; or
b. who is under the minimum school-leaving age in terms of any law, if this is 15 or older. “

BCEA Sectoral Determination 7: Domestic Worker Sector (No. R 1068).

“PART F : PROHIBITION OF CHILD LABOUR AND FORCED LABOUR
PROHIBITION OF CHILD LABOUR AND FORCED LABOUR
23.1. No person may employ as a domestic worker a child-

(a) who is under 15 years of age; or
(b) who is under the minimum school leaving age in terms of any law, if this is 15 or older.

2. No person may employ a child in an employment-

(a) that is inappropriate for a person of that age;
(b) that places at risk the child’s well being, education, physical or mental health, or spiritual, moral or social development.

3. An employer must maintain for three years a record of the name, date of birth and address of every domestic worker under the age of 18 years employed by them.
4. Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited.
5. No person may, for their own benefit or for the benefit of someone else
cause, demand or impose forced labour in contravention of sub-clause (4).
(6) A person who employs a child in contravention of sub-clause (1) and (2) or engages in any form of forced labour in contravention of sub-clauses (4) and (5) commits an offence in terms of sections 46 and 48 of the Basic Conditions of Employment Act respectively, read with section 93 of that Act.”

BCEA Sectoral Determination 9: Wholesale and Retail Sector, 2016

“PART F : PROHIBITION OF WORK BY CHILDREN AND FORCED LABOUR 25. PROHIBITION OF WORK BY CHILDREN
(1) No person may require or permit a child to work, if the child –

(a) is under 15 years of age; or
(b) is under the minimum school leaving age in terms of any law.

(2) A person must not require or permit a child to perform any work or provide any services-

(a) that is inappropriate for a person of that age;
(b) that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development.

(3) A person who requires or permits a child to work in contravention of clause 25(1) or 25(2) commits an offence.
(4) An employer must maintain for three years a record of the name, date of birth and address of every employee under the age of 18 years employed by them.
(5) Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited.
(6) No person may, for their own benefit or for the benefit of someone else cause, demand or impose forced labour in contravention of sub-clause (5).
(7) A person who requires or permits a child to work, in contravention of sub-clauses (1) and (2) or engages in any form of forced labour in contravention of sub- clauses (5) and (6) commits an offence in terms of sections 46 and 48 of the Basic Conditions of Employment Act respectively, read with section 93 of that Act.”

Children’s Act, 2005

“Interpretation
1. (1) In this Act, unless the context indicates otherwise-
“child” means a person under the age of 18 years;
“child labour” means work by a child which-

(a) is exploitative, hazardous or otherwise inappropriate for a person of that age; and
(b) places at risk the child’s well-being, education, physical or mental health, or spiritual, moral, emotional or social development;”

Worst Forms of Child Labour

Basic Conditions of Employment Act (BCEA), 1997

“43. Prohibition of employment of children
2. No person may employ a child in employment—

a. that is inappropriate for a person of that age;
b. that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development.

44. Empoyment of children of 15 years or older
1. subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions on the employment of children who are at least 5 years of age and no longer subject to compulsory schooling in terms of any law.”

BCEA Regulations on Hazardous Work by Children in South Africa, 2010

“1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned but, unless the context otherwise indicates-
(b) “”child”” means a person under eighteen years of age;
(c) “”child worker”” means any child who

(i) is employed by or works for an employer and who receives or is entitled to receive any remuneration; or
(ii) who works under the direction or supervision of an employer or any other person;”

“2. Purpose and interpretation
(1) The purpose of these regulations is to prohibit or place conditions upon the work that may be required, expected or permitted to be performed by child workers, and which is not prohibited in terms of any law.
(2) No provision in these regulations may be interpreted as permitting the employment of-

(a) a child who is under 15 years of age or is subject to compulsory schooling in terms of any law;
(b) a child who is 15 years of age or older and is not subject to compulsory schooling in any work which is prohibited in terms of any law.

(3) Any person who requires or permits a child worker to work must comply with these regulations in addition to any other provisions of this Act, its regulations or any other law applicable to such work.
(4) These regulations must be interpreted in accordance with International Labour Organisation’s Worst Forms of Child Labour Convention, 1999.1″

Children’s Act, 2005

“Interpretation
1. (1) In this Act, unless the context indicates otherwise-
“exploitation”, in relation to a child, includes

(a) all
forms of slavery or practices similar to slavery, including debt bondage or
forced marriage;
(b) sexual exploitation;
(c) servitude;
(d) forced labour or services;
(e) child labour prohibited in terms of section 141; and
(f) the removal of body parts;

“trafficking”, in relation to a child-

(a) means the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children, within or across the borders of the Republic-

(i) by any means, including the use of threat, force or other forms of coercion, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control of a child; or
(ii) due to a position of vulnerability, for the purpose of exploitation; and

(b) includes teh adoption of a child facilitated or secured thorugh illegal means;”

Trafficking in Persons

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

“Trafficking in persons 20
4. (1) Any person who delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person within or across the borders of the Republic, by means of—

(a) a threat of harm;
(b) the threat or or use of force or other forms of coercion;
(c) the abuse of vulnerability;
(d) fraud;
(e) deception;
(f) abduction;
(g) kidnapping;
(h) the abuse of power;
(i) the direct or indirect giving or receiving of payments or benefits to obtain the consent of a person having control or authority over another person; or
(j) the direct or indirect giving or receiving of payments, compensation, rewards, benefits or any other advantage,
aimed at either the person or an immediate family member of that person or any other person in close relationship to that person, for the purpose of any form or manner of exploitation, is guilty of the offence of trafficking in persons.

(2) Any person who—

(a) adopts a child, facilitated or secured through legal or illegal means; or
(b) concludes a forced marriage with another person,
within or across the borders of the Republic, for the purpose of the exploitation of that child or other person in any form or manner, is guilty of an offence.”

Criminal Law (Sexual Offences and Related Matters) Amendment Act [No. 32 of 2007]

“Part 6: Transitional provisions relating to trafficking in persons for sexual purposes
Application and interpretation
70. (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—(b) “”trafficking”” includes the supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a 5 person, within or across the borders of the Republic, by means of—

(i) a threat of harm;
(ii) the threat or use of force, intimidation or other forms of coercion;
(iii) abduction;
(iv) fraud;
(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 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 20 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.”

Slavery

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

“Definitions
1. In this Act, unless the context indicates otherwise—
‘‘slavery’’ means reducing a person by any means to a state of submitting to the control of another person as if that other person were the owner of that person;”

Constitution, 1996

13 Slavery, servitude and forced labour No one may be subjected to slavery, servitude or forced labour.

International Commitments
International Ratifications

ILO Forced Labour Convention, C029, Ratification 1997

ILO Abolition of Forced Labour Convention, C105, Ratification 1997

ILO Minimum Age Convention, C138, Ratification 2000 (minimum age specified: 15 years)

ILO Worst Forms of Child Labour Convention, C182, Ratification 2000

Slavery Convention 1926 and amended by the Protocol of 1953, Definitive Signature 1953

UN Supplementary Convention on the Abolition of Slavery, Not signed

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), Ratification 2004

UN Convention on the Rights of the Child, Ratification 1995

UN Optional Protocol to the Convention on the Rights of the Child: Involvement of Children in Armed Conflict, Ratification 2009

UN Optional Protocol to the Convention on the Rights of the Child: Sale of Children, Child Prostitution and Child Pornography, Accession 2003

National Action Plans, National Strategies

National Child Labor Programme of Action for South Africa, Phase IV (2017–2021)

Serves as the primary policy instrument to prevent and eliminate child labor in South Africa. Promotes government activities by outlining the mandate of each agency to combat child labor. Lead agencies indentified in the program include: Departments of Labor, Basic Education, Justice and Constitutional Development, Social Development and Provincial Departments, Water and Sanitation, and the South African Police Service, and National Prosecuting Authority, and Statistics SA. In 2017, the government adopted and published Phase IV that expanded on the action steps identified in the previous iteration of the program. The program does not include a timeframe to meet identifiable benchmarks to assess the progress and adequacy of implementation efforts.

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support

Policies for Assistance
Policies for Assistance, General

Children’s Act, 2005

CHAPTER 9 CHILD IN NEED OF CARE AND PROTECTION

General Regulations Regarding Children, 2010

Witness Protection Act, 1998

Immigration Act, 2002

Criminal Law (Sexual Offences and Related Matters) Amendment Act [No. 32 of 2007]

Policies for Assistance, Human Trafficking

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

“CHAPTER 3
STATUS OF FOREIGN VICTIMS OF TRAFFICKING REQUIRED TO ASSIST IN INVESTIGATIONS AND PROSECUTIONS ”

“CHAPTER 4
IDENTIFICATION AND PROTECTION OF VICTIMS OF TRAFFICKING”

“Criminal prosecution of victim of trafficking
22. (1) When deciding whether to prosecute a victim of trafficking, the prosecutor must give due consideration to whether the offence was committed as a direct result of the person’s position as a victim of trafficking.
(2) If, during a criminal prosecution of a person, the prosecutor on reasonable grounds suspects that that person is a victim of trafficking and that the offence was committed as a direct result of the person’s position as a victim of trafficking that prosecutor must—

(a) apply to the court for a postponement; and
(b) in the prescribed manner, refer that person to the provincial department of social development, which must conduct an assessment in terms of section
18(6) or 19(8), as the case may be.

(3) A letter of recognition that an adult person is a victim of trafficking or a finding by the provincial department of social development after an assessment referred to in section 18(6) that a child is a victim of trafficking serves as a ground for the withdrawal of the criminal prosecution or the discharge of the victim of trafficking if the prosecutor
is satisfied that the offence was committed as a direct result of the person’s position as a victim of trafficking.
(4) No criminal prosecution may be instituted against a person referred to in subsection (1) or be proceeded with against a person referred to in subsection (2) without the written authorisation of the Director of Public Prosecutions having jurisdiction.”

CHAPTER 6 COMPENSATION

CHAPTER 7
RETURN AND REPATRIATION OF VICTIMS OF TRAFFICKING”

Children’s Act, 2005

Assistance to child who is victim of trafficking 286.

General Regulations Regarding Children, 2010

 

Penalties
Penalties, Forced Labour

Basic Conditions of Employment Act (BCEA), 1997

“48. Prohibition of forced labour
1. Subject to the Constitution, all forced labour is prohibited.
2. No person may for his or her own benefit or for the benefit of someone else, cause, demand or impsoe forced laboru in contravention of subection 1
3. A person who contravenes subsection 1 or 2 commits an offence”

“93. Penalties
1. Any magistrates’ court has jurisdiction to impose a penalty for an offence provided for in this Act.
2. Any person convicted of an offenc ein terms of any sectio nmentioned in the first column of hte table below may be sentenced to a fine or imprisonment for a period not longer than the period mentioned in the second column of that table opposite the number of that section.
OFFENCES AND PENALTIES
Section under which convicted: Section 48
Maximum term of imprisonment: 3 years”

Penalties, Child Labour

Basic Conditions of Employment Act (BCEA), 1997

“43. Prohibition of employment of children
1. No person may employ a child—

a. who is under 15 years of age; or
b. who is under the minimum school-leaving age in terms of any law, if this is 15 or older.

2. No person may employ a child in employmnet—

a. that is inappropriate for a person of that age;
b. that places at risk the chidl’s well-being, education, physical or mental health, or spiritual, moral or social development.

3. a person who employs a child in contravention of subsection 1 or 2 commits an offence. ”

“44. Empoyment of children of 15 years or older
1. subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions on the employment of children who are at least 5 years of age and no longer subject to compulsory schooling in terms of any law.
2. a person who employs a child in contravention of subsection 1 commits and offence”

“46. Prohibitions
It is an offence to—
a. assist an employer to employ a child in contravention of this Act; or
b. discriminate against a person who refuses to permit a child to be employed in contravention of this Act. ”

“93. Penalties
1. Any magistrates’ court has jurisdiction to impose a penalty for an offence provided for in this Act.
2. Any person convicted of an offence in terms of any section mentioned in the first column of hte table below may be sentenced to a fine or imprisonment for a period not longer than the period mentioned in the second column of that table opposite the number of that section.
OFFENCES AND PENALTIES

Section under which convicted: Section 43
Maximum term of imprisonment: 3 years
Section under which convicted: Section 44
Maximum term of imprisonment: 3 years
Section under which convicted: Section 46
Maximum term of imprisonment: 3 years”

BCEA Regulations on Hazardous Work by Children in South Africa, 2010

“12. Offences and penalties
(l) Any person who contravenes or fails to comply with any provision of these regulations shall be guilty of an offence and on conviction shall be liable to a fine or to imprisonment for a period of 12 months and, in the case of an continuing offence, to an additional fine of R200 or to additional imprisonment for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days.
(2) If a person is convicted of a offence under these regulations, and the action or omissions that constitutes the offence is also a worst form of child labour as defined in regulation 9 of the Regulations on Hazardous Work by Children, made in terms of the Basic Conditions of Employment Act, 1997, the court on convicting that person and determining a sentence must take into account that –

(a) that South Africa has ratified Worst Forms of Child Labour Convention, 1999;
(b) that the offence constitutes a worst form of child labour in terms of that Convention.”

Children’s Act, 2005

“Trafficking in children prohibited

284. (1) No person, natural or juristic, or a partnership may traffic a child or allow a child to be trafficked.
(2) It is no defence to a charge of contravening subsection (1) that

(a) a child who is a victim of trafficking or a person having control over that child 30
has consented to-

(i) the intended exploitation; or
(ii) the adoption of the child facilitated or secured through illegal means; or

(b) the intended exploitation or adoption of a child referred to in paragraph (a) did not occur.

(3) In order to establish the liability, in terms of subsection (I), of an employer or
principal, the conduct of an employee or agent of or any other person acting on behalf
of the employer or principal may be attributed to the employer or principal if that person
is acting-

(a) within the scope of his or her employment;

(b) within the scope of his or her actual or apparent authority; or
(c) with the express or implied consent of a director, member or partner of the
employer or principal.

(4) A finding by a court that an employer or principal has contravened subsection (1)
serves as a ground for revoking the licence or registration of the employer or principal
to operate.”

Penalties, Human Trafficking

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

“Trafficking in persons
4. (1) Any person who delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person within or across the borders of the Republic, by means of—

(a) a threat of harm;
(b) the threat or or use of force or other forms of coercion;
(c) the abuse of vulnerability;
(d) fraud;
(e) deception;
(f) abduction;
(g) kidnapping;
(h) the abuse of power;
(i) the direct or indirect giving or receiving of payments or benefits to obtain the consent of a person having control or authority over another person; or
(j) the direct or indirect giving or receiving of payments, compensation, rewards, benefits or any other advantage,
aimed at either the person or an immediate family member of that person or any other person in close relationship to that person, for the purpose of any form or manner of exploitation, is guilty of the offence of trafficking in persons.

(2) Any person who—

(a) adopts a child, facilitated or secured through legal or illegal means; or
(b) concludes a forced marriage with another person,
within or across the borders of the Republic, for the purpose of the exploitation of that child or other person in any form or manner, is guilty of an offence.”

“Penalties
13. A person convicted of an offence referred to in—

(a) section 4(1) is, subject to section 51 of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), liable to a fine not exceeding R100 million or 30 imprisonment, including imprisonment for life, or such imprisonment without the option of a fine or both;
(b) section 4(2) is liable to a fine not exceeding R100 million or imprisonment, including imprisonment for life, or such imprisonment without the option of a
fine or both;
(c) section 5, 7 or 23 is liable to a fine or imprisonment for a period not exceeding 15 years or both;
(d) section 6 or 8(1) is liable to a fine or imprisonment for a period not exceeding 10 years or both; or
(e) section 8(3), 9, 18(9) or 19(13) is liable to a fine or imprisonment for a period 40 not exceeding five years or both. “

Criminal Law (Sexual Offences and Related Matters) Amendment Act [No. 32 of 2007]

Art 71

Penalties, General

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

“Debt bondage
5. Any person who intentionally engages in conduct that causes another person to enter into debt bondage is guilty of an offence.”

“Possession, destruction, confiscation, concealment of or tampering with documents
6. Any person who has in his or her possession or intentionally destroys, confiscates, conceals or tampers with any actual or purported identification document, passport or
other travel document of a victim of trafficking in facilitating or promoting trafficking in persons is guilty of an offence.”

“Using services of victims of trafficking
7. Any person who intentionally benefits, financially or otherwise, from the services of a victim of trafficking or uses or enables another person to use the services of a victim of trafficking and knows or ought reasonably to have known or suspected that such person is a victim of trafficking, is guilty of an offence.”

“Penalties
13. A person convicted of an offence referred to in—

(a) section 4(1) is, subject to section 51 of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), liable to a fine not exceeding R100 million or 30 imprisonment, including imprisonment for life, or such imprisonment without the option of a fine or both;
(b) section 4(2) is liable to a fine not exceeding R100 million or imprisonment, including imprisonment for life, or such imprisonment without the option of a
fine or both;
(c) section 5, 7 or 23 is liable to a fine or imprisonment for a period not exceeding 15 years or both;
(d) section 6 or 8(1) is liable to a fine or imprisonment for a period not exceeding 10 years or both; or
(e) section 8(3), 9, 18(9) or 19(13) is liable to a fine or imprisonment for a period 40 not exceeding five years or both.”

Data Commitments

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking, Not signed

1.ii. Take steps to measure, monitor and share data on prevalence and response to all such forms of exploitation, as appropriate to national circumstances;

Programs and Agencies for Enforcement

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

 

Social Protection Coverage: General (at Least One)
Social Protection (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Children
Social Protection Coverage: Disabled

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