LME3701
ASSIGN 3 PORTFOLIO
DUE DATE: 11 JUNE 25
,4.2 Due date for Assignment 03
Assignment 03 must be submitted on MyUnisa before 15:00 (3 o’clock) in the
afternoon on Wednesday 11 June 2025.
The submission tab will disappear at 15:01 on Wednesday
11 June 2025. Due to the use of Turnitin no late submissions
are possible. The responsibility is yours to ensure you
submit on time. DO NOT WAIT TILL THE LAST MINUTE TO
SUBMIT THE PORTFOLIO EXAM!
ANSWER
COMPARATIVE APPROACH
A COMPARATIVE ANALYSIS OF HUMAN TRAFFICKING LAWS IN SOUTH AFRICA
AND KENYA: EXAMINING CONSTITUTIONAL PROTECTIONS AND LEGISLATIVE
RESPONSES FOR VICTIMS
1. INTRODUCTION
Human trafficking remains one of the most pressing human rights concerns of the 21st
century, often described as a modern form of slavery due to its exploitative nature.
Vulnerable populations especially women and children are frequently subjected to forced
labour, sexual exploitation, and domestic servitude across global and regional contexts.¹
In Africa, South Africa and Kenya have each enacted specific legal instruments aimed at
addressing human trafficking: South Africa through the Prevention and Combating of
Trafficking in Persons Act 7 of 2013, and Kenya through the Counter-Trafficking in
,Persons Act 8 of 2010.²³ However, despite these legislative efforts, significant
implementation challenges persist, including weak enforcement, insufficient support for
victims, and emerging trafficking tactics such as the use of children in forced street
begging operations. Observations in urban centres across South Africa and Kenya
suggest that traffickers increasingly exploit legal loopholes and socio-economic
vulnerabilities to carry out their activities.⁴
This research adopts a comparative legal approach to examine the human trafficking
laws in South Africa and Kenya, with specific attention to constitutional guarantees and
the practical effectiveness of legislative responses. It will assess how each country’s legal
framework addresses victim protection, law enforcement capabilities, and judicial
interpretation. Drawing on statutes, case law, and academic analysis, the study will
identify best practices and highlight critical gaps in current policies. The ultimate objective
is to formulate evidence-based recommendations for strengthening anti-trafficking efforts
and ensuring robust protections for victims within both legal systems.
1 Muriithi, C. (2021). Human Trafficking and Human Rights in Africa. Pretoria University Law Press.
2 Prevention and Combating of Trafficking in Persons Act 7 of 2013 (South Africa).
3 Counter-Trafficking in Persons Act 8 of 2010 (Kenya).
4 Dube, L. (2022). "Street Begging and Trafficking in Children: Emerging Patterns in Southern Africa." African Human
Rights Review, 16(2), 135–152.
, 1. PROBLEM STATEMENT
Although both South Africa and Kenya have taken substantial steps to legislate against
human trafficking, the crime remains deeply entrenched and continues to pose a
serious threat to human rights and public safety. Victims are routinely subjected to
various forms of abuse, including forced labour, sexual exploitation, and coerced street
begging, while traffickers take advantage of lapses in law enforcement and the
shortcomings in victim assistance systems. In South Africa, the Prevention and
Combating of Trafficking in Persons Act 7 of 2013 presents a detailed legal framework,
yet its effectiveness is limited by irregular application, poor inter-agency coordination,
and difficulties in accurately identifying and assisting victims. Kenya faces parallel
challenges: although the Counter-Trafficking in Persons Act 8 of 2010 outlines a strong
statutory basis, the implementation is impeded by systemic corruption, insufficient
funding, and a lack of coordinated victim services.¹
This study will evaluate whether the constitutional protections guaranteed by the
Constitution of the Republic of South Africa, 1996,² and the Constitution of Kenya,
2010,³ are meaningfully implemented in practice. It will further explore both the
convergences and divergences in the legal approaches of these two jurisdictions,
highlighting the legal and practical loopholes that enable trafficking networks to persist.
Rather than examining historical legal developments, the focus will be on the current
legal frameworks and their real-world application. The overarching goal is to assess the
extent to which victims are protected and traffickers are prosecuted effectively under
existing laws.⁴
2. HYPOTHESIS
The core assumption of this research is that, while South Africa and Kenya have both
adopted forward-looking anti-trafficking legislation aligned with global human rights
standards, practical enforcement remains inconsistent and often ineffective due to
structural and systemic limitations.
The constitutional promises of human dignity, equality, and protection from exploitation
in both nations are not fully realised, resulting in continued vulnerabilities for victims of
trafficking.⁵
Deep-rooted issues—such as fragmented law enforcement, insufficient professional
ASSIGN 3 PORTFOLIO
DUE DATE: 11 JUNE 25
,4.2 Due date for Assignment 03
Assignment 03 must be submitted on MyUnisa before 15:00 (3 o’clock) in the
afternoon on Wednesday 11 June 2025.
The submission tab will disappear at 15:01 on Wednesday
11 June 2025. Due to the use of Turnitin no late submissions
are possible. The responsibility is yours to ensure you
submit on time. DO NOT WAIT TILL THE LAST MINUTE TO
SUBMIT THE PORTFOLIO EXAM!
ANSWER
COMPARATIVE APPROACH
A COMPARATIVE ANALYSIS OF HUMAN TRAFFICKING LAWS IN SOUTH AFRICA
AND KENYA: EXAMINING CONSTITUTIONAL PROTECTIONS AND LEGISLATIVE
RESPONSES FOR VICTIMS
1. INTRODUCTION
Human trafficking remains one of the most pressing human rights concerns of the 21st
century, often described as a modern form of slavery due to its exploitative nature.
Vulnerable populations especially women and children are frequently subjected to forced
labour, sexual exploitation, and domestic servitude across global and regional contexts.¹
In Africa, South Africa and Kenya have each enacted specific legal instruments aimed at
addressing human trafficking: South Africa through the Prevention and Combating of
Trafficking in Persons Act 7 of 2013, and Kenya through the Counter-Trafficking in
,Persons Act 8 of 2010.²³ However, despite these legislative efforts, significant
implementation challenges persist, including weak enforcement, insufficient support for
victims, and emerging trafficking tactics such as the use of children in forced street
begging operations. Observations in urban centres across South Africa and Kenya
suggest that traffickers increasingly exploit legal loopholes and socio-economic
vulnerabilities to carry out their activities.⁴
This research adopts a comparative legal approach to examine the human trafficking
laws in South Africa and Kenya, with specific attention to constitutional guarantees and
the practical effectiveness of legislative responses. It will assess how each country’s legal
framework addresses victim protection, law enforcement capabilities, and judicial
interpretation. Drawing on statutes, case law, and academic analysis, the study will
identify best practices and highlight critical gaps in current policies. The ultimate objective
is to formulate evidence-based recommendations for strengthening anti-trafficking efforts
and ensuring robust protections for victims within both legal systems.
1 Muriithi, C. (2021). Human Trafficking and Human Rights in Africa. Pretoria University Law Press.
2 Prevention and Combating of Trafficking in Persons Act 7 of 2013 (South Africa).
3 Counter-Trafficking in Persons Act 8 of 2010 (Kenya).
4 Dube, L. (2022). "Street Begging and Trafficking in Children: Emerging Patterns in Southern Africa." African Human
Rights Review, 16(2), 135–152.
, 1. PROBLEM STATEMENT
Although both South Africa and Kenya have taken substantial steps to legislate against
human trafficking, the crime remains deeply entrenched and continues to pose a
serious threat to human rights and public safety. Victims are routinely subjected to
various forms of abuse, including forced labour, sexual exploitation, and coerced street
begging, while traffickers take advantage of lapses in law enforcement and the
shortcomings in victim assistance systems. In South Africa, the Prevention and
Combating of Trafficking in Persons Act 7 of 2013 presents a detailed legal framework,
yet its effectiveness is limited by irregular application, poor inter-agency coordination,
and difficulties in accurately identifying and assisting victims. Kenya faces parallel
challenges: although the Counter-Trafficking in Persons Act 8 of 2010 outlines a strong
statutory basis, the implementation is impeded by systemic corruption, insufficient
funding, and a lack of coordinated victim services.¹
This study will evaluate whether the constitutional protections guaranteed by the
Constitution of the Republic of South Africa, 1996,² and the Constitution of Kenya,
2010,³ are meaningfully implemented in practice. It will further explore both the
convergences and divergences in the legal approaches of these two jurisdictions,
highlighting the legal and practical loopholes that enable trafficking networks to persist.
Rather than examining historical legal developments, the focus will be on the current
legal frameworks and their real-world application. The overarching goal is to assess the
extent to which victims are protected and traffickers are prosecuted effectively under
existing laws.⁴
2. HYPOTHESIS
The core assumption of this research is that, while South Africa and Kenya have both
adopted forward-looking anti-trafficking legislation aligned with global human rights
standards, practical enforcement remains inconsistent and often ineffective due to
structural and systemic limitations.
The constitutional promises of human dignity, equality, and protection from exploitation
in both nations are not fully realised, resulting in continued vulnerabilities for victims of
trafficking.⁵
Deep-rooted issues—such as fragmented law enforcement, insufficient professional
