29 the child. A child is defined in s 28(3) as a person under the age of 18 years. [60] S 39 of the Constitution, which deals with the interpretation of the Bill of Rights, provides that: ‘39(1) When interpreting the Bill of Rights, a court, tribunal or forum (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; (b) must consider international law; and (c) may consider foreign law. (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. (3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill.’ [61] S 1 of the Children’s Act 38 of 2005 (“Children’s Act”) defines ‘trafficking’ in relation to a child as including: ‘(a) The … 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…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