Citation

Mollema N, Terblanche SS. S. Afr. J. Crim. Justice 2017; 30(2): 198-223.

Copyright

(Copyright © 2017, Juta)

DOI

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PMID

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Abstract

Human trafficking is a major global problem. The criminal justice system is only one of the measures available to curb the crime, and is usually employed when all other efforts have failed. The imposition of a sentence is one of the final elements of this control system. Sentences for human traffickers must be sufficiently severe, it is generally agued, to have a sufficient deterrent effect. This contribution considers the extent of this argument and its foundations, in order to compare relevant counter-arguments. In this process, an overview of the offences created in the South African anti-trafficking legislation is considered, with their prescribed sentences. A number of foreign jurisdictions are also briefly compared with the South African position. The article concludes that sentences in South Africa are much more severe than is considered necessary to achieve deterrence. In addition, the potential of increased sentences to deter crime is unproven, and the overcrowded South African prisons cannot accommodate such long sentences.

Language: en