An evaluation of the judicial interpretation of the term ‘exploitation’ in the prevention and combating of trafficking in persons act 7 of 2013

Abstract

This research critically examines the inconsistent and vague judicial interpretation of the term exploitation in the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (the Trafficking Act). While South Africa has ratified the Palermo Protocol and domesticated its provisions, evidence shows that courts have struggled to apply the Trafficking Act consistently, particularly regarding what constitutes exploitation. The study critically assesses how this inconsistency affects prosecutorial performance, victim protection, and judicial coherence. By using a comprehensive review of doctrinal analysis, the study examines relevant case law, legislative frameworks, and scholarly work to identify key loopholes and/or deficiencies and propose recommendations thereof. Comparative insights from jurisdictions like Ghana, and the United Kingdom, especially Canada, where courts have offered clearer guidance on exploitation and vulnerability in trafficking contexts, help position South Africa’s legal framework in broader regional and global contexts. Therefore, it is imperative to submit that the findings of this research address the need for legal reform and clearer interpretive guidelines to ensure justice for trafficking victims and accountability for perpetrators.