32 63.5 S 70(2)(b), which defines the offence of trafficking in similar terms to that contained in the Children’s Act. S 70(2)(b)(6) includes trafficking by means of ‘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…’; 63.6 S 71(1), which makes the trafficking of any person without their consent an offence; 63.7 Ss 71(3) and (4), which stipulate that consent can only be ‘voluntary or uncoerced’ as defined therein, and excludes a person submitting to an act as a result of being trafficked; and 63.8 S 56A(2), which provides that the court imposing sentence ‘shall consider as an aggravating factor’ that the person: (a) committed the offence with the intention to gain financially, or receive any favour, benefit, reward, compensation or any other advantage; or (b) gained financially, or received any favour, benefit, reward, compensation or any other advantage, from the commission of such offence. [64] It is noted that the Prevention and Combatting of Trafficking in Persons Act 7 of 2013 was assented to on 28 July 2013 but has still not been enacted. The following provisions are of relevance to the extent that they indicate the

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