DO NEW CRIMES NEED NEW LAWS?

This research paper examines the legal landscape in South Africa regarding the prosecution of human trafficking for sexual exploitation. It analyzes whether existing common law, statutory laws, and constitutional provisions are sufficient to address trafficking or if specialized legislation is required.

• South Africa lacks a specific legal framework for the criminalization of trafficking in persons for sexual exploitation, although the country is a signatory to the United Nations Protocol on Trafficking in Persons and the South African Law Reform Commission (SALRC) is investigating the issue.
• Prosecutors can currently utilize various common law charges to address trafficking activities, including abduction, kidnapping, rape, indecent assault, and assault.
• Several existing statutes provide mechanisms for prosecution: the Sexual Offences Act of 1957 (covering brothels and procurement), the Child Care Act (protecting children from commercial sexual exploitation), and the Prevention of Organised Crime Act 121 of 1998 (addressing racketeering and asset forfeiture).
• The Criminal Law (Sexual Offences) Amendment Bill proposes a specific definition of trafficking involving the supply, recruitment, or transfer of a person within or across South African borders for sexual acts, pornography, or exploitation, particularly where consent is absent due to force, threats, or abuse of power.
• South African law is currently inadequate regarding victim compensation, as section 300 of the Criminal Procedure Act only allows for compensation for damage or loss of property, excluding emotional, psychological damage, and pain and suffering.

APA

Institute for Security Studies (2004). DO NEW CRIMES NEED NEW LAWS? https://issafrica.org/01-sep-2004-sacq-no-9/do-new-crimes-need-new-laws

Chicago

Institute for Security Studies. DO NEW CRIMES NEED NEW LAWS? 2004. https://issafrica.org/01-sep-2004-sacq-no-9/do-new-crimes-need-new-laws.

Wikipedia

{{cite report |author=Institute for Security Studies |title=DO NEW CRIMES NEED NEW LAWS? |date=1 September 2004 |url=https://issafrica.org/01-sep-2004-sacq-no-9/do-new-crimes-need-new-laws |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2004new, author = {{Institute for Security Studies}}, title = {{DO NEW CRIMES NEED NEW LAWS?}}, institution = {Institute for Security Studies}, year = {2004}, month = sep, url = {https://issafrica.org/01-sep-2004-sacq-no-9/do-new-crimes-need-new-laws}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }