LME3701
ASSIGNMENT 2 2025
DUE APRIL 2025
SEMESTER 1 2025
, COMPARATIVE RESEARCH APPROACH
THIS MEANS LOOKING AT THE CURRENT LEGAL POSITION IN ONE
JURISDICTION AND COMPARING IT TO THE CURRENT LEGAL POSITION IN
ANOTHER JURISDICTION. FOR PURPOSES OF THIS RESEARCH PROPOSAL,
YOU MUST LOOK AT THE LAWS OF SOUTH AFRICA AND KENYA. LEGISLATION,
CASE LAW, LAW REFORM COMMISSION REPORTS AND WRITINGS BY
SCHOLARS SHOULD BE CONSULTED. YOU WILL NOT GO INTO DETAIL ABOUT
THE HISTORICAL DEVELOPMENTS OF THE LAW ON THE ISSUE IN THESE TWO
JURISDICTIONS BUT ANALYZE AND COMPARE THE CURRENT LEGAL
POSITION.
By
( )
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR JJ KORTJAS
(PORTFOLIO/ASSIGNMENT 03)
2025
1
,TABLE OF CONTENT
Keywords...................................................................................... 3
Research introduction .........................................................……..3
Problem statement ...................................................................... 4
Hypothesis ................................................................................... 5
Points of departure and assumptions .......................................... 8
Conceptualisation of central research themes ..............................9
Proposed chapter outlay ............................................................. 10
Projected time scale .........................................................……….13
Description proposed research methodology ................................4
Preparatory study and research .................................................. 15
Conclusion .................................................................................. 16
Bibliography ................................................................................ 19
Academic honesty declaration ....................................................21
2
,KEYWORDS
CRSA: The Constitution of the Republic of South Africa
COK: Constitution of Kenya
BOR: Bill of Rights
SAJHR: South African Journal on Human Rights
KNHRC: Kenya National Human Rights Commission
HRC: Human Rights Committee
UNHCR: United Nations High Commissioner for Refugees
ILO: International Labour Organization
TIP: Trafficking in Persons
UNICEF: United Nations International Children's Emergency Fund
UNTOC: United Nations Convention against Transnational Organized Crime
3
, 1.1 Introduction
Human trafficking is a serious and growing crime that violates fundamental human rights.
It involves the recruitment, transportation, transfer, harboring, or receipt of individuals
through force, fraud, or coercion for the purpose of exploitation¹. In South Africa, human
trafficking is a significant issue, with cases of forced labor, sexual exploitation, and child
trafficking reported across the country². Reports indicate that traffickers target vulnerable
populations, including women, children, and migrants, often exploiting economic
hardships and social vulnerabilities³.
One particularly concerning trend is the use of children in forced begging, a practice that
has been increasingly visible in urban areas. Children are often placed at traffic
intersections, bus stops, and shopping centers, forced to solicit money under the watchful
eyes of traffickers⁴. This form of human trafficking not only deprives children of their rights
to safety and education but also exposes them to abuse and long-term psychological
harm⁵.
South Africa has taken legislative steps to combat human trafficking, primarily through
the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (TIP Act), which
criminalizes trafficking and provides protection mechanisms for victims⁶. However,
enforcement remains a challenge due to issues such as weak identification of victims,
inadequate training of law enforcement officials, and corruption⁷. The South African
government, along with international organizations and non-governmental entities,
continues to work towards improving anti-trafficking measures, but gaps remain in
implementation and victim support⁸.
4
ASSIGNMENT 2 2025
DUE APRIL 2025
SEMESTER 1 2025
, COMPARATIVE RESEARCH APPROACH
THIS MEANS LOOKING AT THE CURRENT LEGAL POSITION IN ONE
JURISDICTION AND COMPARING IT TO THE CURRENT LEGAL POSITION IN
ANOTHER JURISDICTION. FOR PURPOSES OF THIS RESEARCH PROPOSAL,
YOU MUST LOOK AT THE LAWS OF SOUTH AFRICA AND KENYA. LEGISLATION,
CASE LAW, LAW REFORM COMMISSION REPORTS AND WRITINGS BY
SCHOLARS SHOULD BE CONSULTED. YOU WILL NOT GO INTO DETAIL ABOUT
THE HISTORICAL DEVELOPMENTS OF THE LAW ON THE ISSUE IN THESE TWO
JURISDICTIONS BUT ANALYZE AND COMPARE THE CURRENT LEGAL
POSITION.
By
( )
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR JJ KORTJAS
(PORTFOLIO/ASSIGNMENT 03)
2025
1
,TABLE OF CONTENT
Keywords...................................................................................... 3
Research introduction .........................................................……..3
Problem statement ...................................................................... 4
Hypothesis ................................................................................... 5
Points of departure and assumptions .......................................... 8
Conceptualisation of central research themes ..............................9
Proposed chapter outlay ............................................................. 10
Projected time scale .........................................................……….13
Description proposed research methodology ................................4
Preparatory study and research .................................................. 15
Conclusion .................................................................................. 16
Bibliography ................................................................................ 19
Academic honesty declaration ....................................................21
2
,KEYWORDS
CRSA: The Constitution of the Republic of South Africa
COK: Constitution of Kenya
BOR: Bill of Rights
SAJHR: South African Journal on Human Rights
KNHRC: Kenya National Human Rights Commission
HRC: Human Rights Committee
UNHCR: United Nations High Commissioner for Refugees
ILO: International Labour Organization
TIP: Trafficking in Persons
UNICEF: United Nations International Children's Emergency Fund
UNTOC: United Nations Convention against Transnational Organized Crime
3
, 1.1 Introduction
Human trafficking is a serious and growing crime that violates fundamental human rights.
It involves the recruitment, transportation, transfer, harboring, or receipt of individuals
through force, fraud, or coercion for the purpose of exploitation¹. In South Africa, human
trafficking is a significant issue, with cases of forced labor, sexual exploitation, and child
trafficking reported across the country². Reports indicate that traffickers target vulnerable
populations, including women, children, and migrants, often exploiting economic
hardships and social vulnerabilities³.
One particularly concerning trend is the use of children in forced begging, a practice that
has been increasingly visible in urban areas. Children are often placed at traffic
intersections, bus stops, and shopping centers, forced to solicit money under the watchful
eyes of traffickers⁴. This form of human trafficking not only deprives children of their rights
to safety and education but also exposes them to abuse and long-term psychological
harm⁵.
South Africa has taken legislative steps to combat human trafficking, primarily through
the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (TIP Act), which
criminalizes trafficking and provides protection mechanisms for victims⁶. However,
enforcement remains a challenge due to issues such as weak identification of victims,
inadequate training of law enforcement officials, and corruption⁷. The South African
government, along with international organizations and non-governmental entities,
continues to work towards improving anti-trafficking measures, but gaps remain in
implementation and victim support⁸.
4
