Slide 26 -
TECL activities against child trafficking in South Africa: Legislation Cont (5) Section 141: Exploitative child labour – new to align with C138 and C182 & seriousness of crime
141. (1) No person may—
(a) use, procure or offer a child, or attempt to do so, for slavery or practices similar to slavery including but not limited to debt bondage, servitude and serfdom, and forced or compulsory labour or provision of services;
(b) use, procure, or offer a child, or attempt to do so, for purposes of commercial sexual exploitation;
(c) use, procure or offer a child, or attempt to do so, for the commission of any offence listed in Schedule 1 or Schedule 2 of the Criminal Procedure Act, 1977;
(d) require or permit a child to engage for that person’s benefit in begging or scavenging or collecting waste from waste dumps or garbage.
(2) A court may convict a person who contravenes section 141(1)(c) of both –
(a) an offence in terms of section 141(1)(c); and
(b) if that person also commits the offence that they used, procured or offered a child to commit, or attempted to do so, that offence.
(3) If a person is convicted of a offence in terms of sub-section 1 read with section 305(1)(b) the court on convicting that person and determining a sentence must consider as a factor in aggravation of sentence –
(a) that South Africa has ratified the International Labour Organisation’s Worst Forms of Child Labour Convention, 1999;
(b) that the offence constitutes a worst form of child labour in terms of that Convention.
(4) A social worker or social service professional who becomes aware of instances of child labour or contraventions of the provisions of the Basic Conditions of Employment Act, 1997 must report it to the Department of Labour, in the manner as will be prescribed.