The trafficking of children for purposes of sexual exploitation

The Basic Conditions of Employment Act (1997) provides in Chapter 6 for the prohibition of
employment and forced labour. In Section 14(1) of this Chapter makes it an offence for any person
to employ a child under the age of 15 or who is under the minimum school-leaving age in terms of
any law. It states further in Section 14(2) that no child may be employed in any kind of 'work' that is
inappropriate for the age of that person and;
14(2)(b) that places at risk the child's well-being, education, physical or mental health, or spiritual,
moral or social development.
Section 48 of this Act prohibits forced labour and highlights that 'no person may for his or her own
benefit or for the benefit of someone else, cause, demand or impose forced labour.
Even though in the context of this research trafficking of children for the purpose of sexual
exploitation is not regarded as 'work' and/or 'employment in the common understanding, the above
sections can be applied for the protection of trafficked children. Children forced by traffickers (i.e
'employer') into circumstances that allows sexual exploitation (i.e. 'work in the sex industry') are in
situations that endanger their well-being, 'physical or mental health, or spiritual, moral or social
development'. In addition, any form or method of trafficking for the purpose of children's sexual
exploitation should automatically be regarded as 'forced labour' and therefore be prosecutable under
this provision.
• Sexual Offences Act
The Sexual Offences Act (1957, amended 1988) mainly deals with brothels and 'unlawful carnal
intercourse'. The Act does not make provision for the prosecution of those involved in the traffic of
children an therefore is dealt with briefly. Greater emphasis is placed on provisions contained in the
proposed Sexual Offences Bill (1999).
The Sexual Offences Act however is the current legislation most applicable for the protection of
victims of sexual offences and the prosecution of the offenders.
This Act defines:
'brothel' as 'any house or place kept or used for purposes of prostitution or for persons to visit for
the purpose of having unlawful carnal intercourse or any other lewd or indecent purpose'.
'Unlawful carnal intercourse' is defined as carnal intercourse otherwise than between husband and
wife'.
Section 2 of this Act makes it an offence to keep a 'brothel' and defines in Sections 3 persons who
are 'deemed to keep a brothel' as any person
a) residing in
b) managing or assisting in the management of
c) knowingly receives money taken in
d) being the tenant or occupier of any house or place and knowingly permits the same to be used
as; and
e) being the owner of any property and lets the same, or allows the same to be let, or continue to
be let with the knowledge of it being a 'brothel'.
Even though persons who are directly and indirectly involved with the property used as a 'brothel'
are committing an offence and can be prosecuted, the limitation of this and any other Section of this
Act lies in the narrow definition of a 'brothel' and 'unlawful carnal intercourse'. Only a narrow
understanding of sexual intercourse is included and not any other form of sexual activities. In
addition, this Act is limited by the underlying notion that only women can be victims of sexual
offences and therefore excludes any provisions for the prosecution of sexual offences committed
against men.
Section 9(1) provides for prosecution of a parent or guardian of any child under the age of 18 years
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