LME3701
ASSIGNMENT 3 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 11 JUNE 2025
,LME3701 Assignment 3 (Final Research Proposal, Semester 1, 2025) using the
Historical Research Approach:
📘 Title:
Protecting the Vulnerable: A Historical Legal Analysis of Human Trafficking and the
Rights of Child Victims in South Africa
📄 Research Proposal:
1. Introduction
Human trafficking is a growing concern in South Africa, particularly involving
children being exploited for forced begging. The visibility of adults with young
children at intersections in urban areas raises serious questions about whether
such acts constitute human trafficking under South African law. This research
focuses on the historical development of laws that protect children from such
exploitation, examining how criminal law and constitutional protections have
evolved to address trafficking, with a particular focus on child victims.
2. Research Problem
Despite comprehensive laws aimed at combating human trafficking, there
appears to be a gap between legislative intention and practical enforcement,
especially concerning children forced into exploitative practices like begging. This
research seeks to explore whether existing laws have evolved sufficiently to
respond to this form of trafficking and whether constitutional rights of affected
children are adequately protected.
3. Research Questions
How has the legal framework addressing human trafficking, particularly child
trafficking, evolved in South Africa?
How do constitutional protections intersect with the enforcement of anti-human
trafficking laws?
, Are children used for forced begging adequately protected under current
interpretations of human trafficking legislation?
What recommendations can be made for better protecting child victims based on
historical trends?
4. Objectives
To trace the evolution of human trafficking legislation in South Africa.
To analyze the development of case law and legal definitions, especially around
children and forced begging.
To examine the role of constitutional rights in the protection of trafficking victims.
To evaluate the practical impact of these laws and make recommendations for
reform.
5. Theoretical Framework
This research is grounded in human rights theory and the principle of the best
interest of the child as entrenched in Section 28 of the Constitution of South
Africa. It also draws on victimology, recognizing trafficked individuals, especially
children, as victims of crime and requiring protection, not punishment.
6. Research Methodology
This study uses a historical legal research methodology, analyzing the evolution
of statutory law, common law principles, constitutional jurisprudence, and
international obligations that have influenced South African human trafficking
legislation. Sources include:
The Constitution of the Republic of South Africa, 1996.
Prevention and Combating of Trafficking in Persons Act 7 of 2013 (PACOTIP).
Children’s Act 38 of 2005.
Case law: S v L; S v K; S v Kampher and other relevant decisions.
South African Law Reform Commission reports on trafficking and child
protection.
Scholarly journal articles and textbooks.
ASSIGNMENT 3 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 11 JUNE 2025
,LME3701 Assignment 3 (Final Research Proposal, Semester 1, 2025) using the
Historical Research Approach:
📘 Title:
Protecting the Vulnerable: A Historical Legal Analysis of Human Trafficking and the
Rights of Child Victims in South Africa
📄 Research Proposal:
1. Introduction
Human trafficking is a growing concern in South Africa, particularly involving
children being exploited for forced begging. The visibility of adults with young
children at intersections in urban areas raises serious questions about whether
such acts constitute human trafficking under South African law. This research
focuses on the historical development of laws that protect children from such
exploitation, examining how criminal law and constitutional protections have
evolved to address trafficking, with a particular focus on child victims.
2. Research Problem
Despite comprehensive laws aimed at combating human trafficking, there
appears to be a gap between legislative intention and practical enforcement,
especially concerning children forced into exploitative practices like begging. This
research seeks to explore whether existing laws have evolved sufficiently to
respond to this form of trafficking and whether constitutional rights of affected
children are adequately protected.
3. Research Questions
How has the legal framework addressing human trafficking, particularly child
trafficking, evolved in South Africa?
How do constitutional protections intersect with the enforcement of anti-human
trafficking laws?
, Are children used for forced begging adequately protected under current
interpretations of human trafficking legislation?
What recommendations can be made for better protecting child victims based on
historical trends?
4. Objectives
To trace the evolution of human trafficking legislation in South Africa.
To analyze the development of case law and legal definitions, especially around
children and forced begging.
To examine the role of constitutional rights in the protection of trafficking victims.
To evaluate the practical impact of these laws and make recommendations for
reform.
5. Theoretical Framework
This research is grounded in human rights theory and the principle of the best
interest of the child as entrenched in Section 28 of the Constitution of South
Africa. It also draws on victimology, recognizing trafficked individuals, especially
children, as victims of crime and requiring protection, not punishment.
6. Research Methodology
This study uses a historical legal research methodology, analyzing the evolution
of statutory law, common law principles, constitutional jurisprudence, and
international obligations that have influenced South African human trafficking
legislation. Sources include:
The Constitution of the Republic of South Africa, 1996.
Prevention and Combating of Trafficking in Persons Act 7 of 2013 (PACOTIP).
Children’s Act 38 of 2005.
Case law: S v L; S v K; S v Kampher and other relevant decisions.
South African Law Reform Commission reports on trafficking and child
protection.
Scholarly journal articles and textbooks.
