30
(ii)
due to a position of vulnerability,
for the purpose of exploitation…’
[62]
The following provisions of the Children’s Act are also relevant:
62.1
S 12(1), which stipulates that every child has the right not to be
subjected to social, cultural and religious practices which are
detrimental to his or her well-being;
62.2
S 284(1), which prohibits child trafficking;
62.3
S 284(2), which provides that it is no defence to a charge of
contravening s 284(1) that the child or a person having control over
that child consented to the intended exploitation;
62.4
S 305(1)(s), which makes a contravention of s 284(1) an offence; and
62.5
S 305(8), which provides that any person convicted of an offence in
terms of s 305(1)(s) is, in addition to a sentence for any other offence
of which he or she may be convicted, liable to a fine or imprisonment
for a period not exceeding 10 years or to both a fine and such
imprisonment.
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