'n Analise van die regsraamwerk vir die regulering van die onwettige handel in kinderorgane in Suid-Afrika

Abstract

The concept of organ transplantation is not a new concept in South Africa and many organ transplants are performed annually. However, the problem that arises is that there is currently a shortage of donor organs suitable for transplant and this leads to the demand for organs exceeding the supply thereof. This in itself opens the door for unethical and criminal ways of obtaining organs. One of the ways in which these organs are obtained is child trafficking for the sole purpose of removal of organs. Although there are several reasons why children are abducted and used in child trafficking practices, the removal of their organs is discussed as the main reason in this study.The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United National Convention against Transnational Organized Crime (2000) (hereinafter the Protocol), which South Africa signed and ratified, is the international instrument which places an obligation on South Africa to address the issue relating to human trafficking by implementing legislation. Until recently there had been no legislation specifically regulating human trafficking. Through the years, several bills for implementation in the national legislative framework were proposed to parliment. In 2013, the Prevention and Combating of Trafficking in Persons Act was incorporated into national legislation to address South Africa's international and regional obligations. In this study, the international, regional and national framework concerning trafficking is outlined and discussed as well as the Prevention and Combating of Trafficking in Persons Act to determine to what extent they do provide protection to victims of human trafficking.