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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