The trafficking of children for purposes of sexual exploitation

This indicates that any person who directly or indirectly gains (financially and/or non-financially)
from trafficking activities for purposes of children's sexual exploitation could be prosecuted under
this section. The pimp who knowingly and repeatedly receives and retains the 'property' (through
the transfer and harbouring of children), as well as uses and invests the 'property' (through sexual
exploitation and offering children to others for the purpose of sex in exchange for money) is
committing a criminal offence. This applies to the taxi driver, who repeatedly delivers children to
places of sexual exploitation, since he or she 'knows or ought to have reasonably known' of criminal
offences being committed and therefore participates, directly or indirectly, in the conduct of the
trafficking enterprise's affairs.
Chapter 3 dealing with offences related to proceeds of unlawful activities makes money laundering,
assisting another to benefit from, as well as the acquisition, possession or use of proceeds of
unlawful activities an offence (Section 4 to 6). It also allows for the prosecution of any person who
fails to report suspicion regarding proceeds of unlawful activities (Section 7).
The above translates into committing a criminal offence by any person who is directly or indirectly
benefiting from, acquiring, possessing or using the proceeds (financially and/or non-financially) of
trafficking of children for the purpose of sexual exploitation. The parent who sells a child is guilty
of obtaining proceeds of unlawful activities as much as the pimp who acquires, possesses and uses
the 'proceeds' (the child obtained as 'property') of unlawful activities, and the sexual exploiter who
benefits from such 'proceeds'.
Chapter 4 of this Act covers offences of criminal gang activities. Any person who actively
participates in gang related offences or is a member of a criminal gang and who-
9(1)(a) wilfully aids and abets any criminal activity committed for the benefit of, at the direction of,
or in association with any criminal gang;
9(1)(b) threatens to commit, bring about or perform any act of violence or any criminal activity by
a criminal gang or with the assistance of a criminal gang;
or
9(1)(c) threatens any specific person or persons in general, with retaliation in any manner or by
any means whatsoever, in any act or alleged act of violence, shall be guilty of an offence.
This section would therefore allow for the prosecution of gangs and individual gang members in
communities who traffic girls for purposes of sexual exploitation in exchange for protection and
survival, which, as mentioned earlier, is one method of trafficking.
• Promotion of Equality and Prevention of Unfair Discrimination Act
The Promotion of Equality and Prevention of Unfair Discrimination Act (2000) is aiming, as
described in Section 2, 'to give effect to the letter and spirit of the Constitution, in particular-
(i) the equal enjoyment of all rights and freedoms by every person
(ii) the promotion of equality
(iii) the values of non-racialism and non-sexism contained in section 1 of the Constitution
(iv) the prevention of unfair discrimination and protection of human dignity as contemplated in
sections 9 and 10 of the Constitution;
This Act further promotes the prohibition of unfair discrimination on the ground of gender in
Section 8 and includes gender-based violence in Section 8(a) and any practice aimed at the
undermining of the dignity and well-being of a girl child in Section 8(d) as such grounds.
Chapter 3 of this Act deals with the burden of proof and the determination of fairness or unfairness.
According to Section 13(1) the burden of proof in a case of discrimination on the ground of gender
(i.e. gender-based violence and undermining dignity and well-being of a girl child) lies with the
respondent (i.e. trafficker, who is accused of discrimination under this Act) and not with the
complainant (i.e. child survivor of sexual exploitation).
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