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Anti-Human Trafficking (Amendment) Act, 2022

This section amends the principal Act by inserting a new Part after Part I, titled the Anti-Human Trafficking Department. The law creates the Anti-Human Trafficking Department and gives it responsibility for…

advertisingamendmentanti-trafficking administrationappealsappointmentschild protectioncompliancedebt bondagedelegation of functionsfalse informationgovernancegovernment administrationgovernment department functionshuman traffickinginvestigationsoffencespenaltiesproperty usepublic administrationreportingstatutory amendmentstatutory draftingstatutory schedule amendmenttextual amendmentvictim certification
Jurisdiction
Zambia
Structure
28 provisions
Citation
Act 16 of 2022
Dates
As at 16 Nov 2022
More statute details
Dates
As at 16 Nov 2022

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01

Purpose and legislative effect

“This section amends the principal Act by inserting a new Part after Part I, titled the Anti-Human Trafficking Department.”

This section amends the principal Act by inserting a new Part after Part I, titled the Anti-Human Trafficking Department. The law creates the Anti-Human Trafficking Department and gives it responsibility for administering the Act, under the general direction of the Permanent Secretary. The Civil Service Commission must appoint specified Anti-Human Trafficking department officers as public officers, and the Director may delegate functions subject to the Act and directions. An authorised officer must consult the Director when investigating, arresting, and prosecuting trafficking-in-persons cases. Other people handling such cases must also consult the Director. Section 4 repeals section 3 of the principal Act and replaces it with new text.

02

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(1) A person who recruits, transports, transfers,

A person who traffics a child for exploitation commits an offence and faces a prison term of at least 30 years; stronger penalties apply if the offender is a parent/guardian or if the trafficking causes death or grievous bodily harm.

Section 3A

04

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Source record from zambialii.org · As at 16 Nov 2022

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Showing 28 of 28 provisions

Amendment 10Repeal 7Substitution 5Offence 4

Part

Part IA

§ 3The principal Act is amended by the insertion of the followingAmendment

This section amends the principal Act by inserting a new Part after Part I, titled the Anti-Human Trafficking Department.

3. The principal Act is amended by the insertion of the following new Part immediately after Part I: Establishment of Department PART IA THE ANTI-HUMAN TRAFFICKING DEPARTMENT
Section 3Verify source

Part

PART IA

§ 2A(1) There is established in the ministry responsibleProvision

The law creates the Anti-Human Trafficking Department and gives it responsibility for administering the Act, under the general direction of the Permanent Secretary.

2A. (1) There is established in the ministry responsible for home affairs the Anti-Human Trafficking Department which shall be responsible for the administration of this Act under the general direction of the Permanent Secretary in the ministry responsible for home affairs. (2) Subject to the other provisions of this Act, the functions of the Department are to— (a) co-ordinate activities of all relevant institutions on matters connected with trafficking in persons; (b) establish effective measures for the prevention and eradication of trafficking in persons; (c) investigate, arrest and prosecute cases of trafficking in persons; (d) sensitise and educate the public on dangers of trafficking in persons; (e) collect and share information related to trafficking in persons; (f) advise the Minister on policy matters connected with trafficking in persons; (g) liaise with Government agencies and non- governmental organisations to promote the rehabilitation and reintegration of victims; (h) develop guidelines on the establishment of the status of a victim of trafficking in persons and certify for purposes of confirming the declaration of a status of a person as a victim of trafficking in persons; (i) prepare guidelines for disbursements from the Fund; and (j)collaborate with a State institution, Government department and international organisation on matters relating to trafficking in persons. Anti-Human Trafficking [No. 16 of 2022 423 Director, Assistant Directors and other officers
Section 2AVerify source
§ 2B(1) The Civil Service Commission shall appoint as aProvision

The Civil Service Commission must appoint specified Anti-Human Trafficking department officers as public officers, and the Director may delegate functions subject to the Act and directions.

2B. (1) The Civil Service Commission shall appoint as a public officer the Director of Anti-Human Trafficking department who shall be responsible for the administration of the provisions of this Act, subject to the general or specific directions of the Minister and the Permanent Secretary in the ministry responsible for home affairs that are consistent with the provisions of this Act. (2) The Director may, subject to the other provisions of the Act, and to the general or special directions of the Permanent Secretary, delegate any of the Director’s functions to an Assistant Director, an officer or a member of the Department. (3) The Civil Service Commission shall appoint as public officers Assistant Directors and other officers as may be necessary for the administration of this Act.
Section 2BVerify source
§ 2C(1) An authorised officer shall, in consultation withOffence

An authorised officer must consult the Director when investigating, arresting, and prosecuting trafficking-in-persons cases. Other people handling such cases must also consult the Director.

2C. (1) An authorised officer shall, in consultation with the Director, investigate, arrest and prosecute cases of trafficking in persons. Consultation with Director (2) A person other than an authorised officer shall, when handling a case relating to trafficking in persons, consult the Director. (3) A person who contravenes subsection (2), commits an offence.
Section 2CVerify source
§ 4The principal Act is amended by the repeal of section 3Repeal

Section 4 repeals section 3 of the principal Act and replaces it with new text.

4. The principal Act is amended by the repeal of section 3 and the substitution therefor of the following:
Section 4Verify source
§ 3(1) Subject to subsections (2) to (10), a person whoRepeal
3. (1) Subject to subsections (2) to (10), a person who intentionally engages in trafficking in persons commits an offence and is liable, on conviction, to imprisonment for a term of not less than twenty years and not exceeding thirty years. (2) Where a victim of an offence under subsection (1) is trafficked for the purpose of sexual exploitation, the offender is liable, on conviction, to imprisonment for a term of not less than twenty-five years and may be liable to imprisonment for life. Repeal and replacement of section 3 Prohibition of trafficking in persons 424 No. 16 of 2022] Anti-Human Trafficking (3) Where a victim of an offence under subsection (1) is abducted, the offender is liable, on conviction, to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. (4) Where the trafficking in persons results in the death or grievous bodily harm of a victim, the offender is liable, on conviction, to imprisonment for a term of not less than thirty- five years and may be liable to imprisonment for life. (5) Where the offender is a public officer and uses that person’s office in furtherance of an offence under this section, the offender is liable, on conviction, to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. (6) Where the offender is a person who is concerned in the management of an institution or organised criminal group engaged in trafficking in persons, the offender is liable, on conviction, to imprisonment for a term of not less than twenty- five years and not exceeding thirty-five years. (7) Where the offender is charged with and convicted by a court for the commission of five or more counts of trafficking in persons, the offender is liable, on conviction, to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. (8) Where the victim is trafficked for the purpose of the removal of the victims body parts, the offender is liable, on conviction, to imprisonment for a term of not less than twenty- five years and may be liable to imprisonment for life. (9) In order to establish the liability, in terms of subsection (1), of an employer or principal, the conduct of an employee or agent or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting— (a) within the scope of the employee’s or agent’s employment; (b) within the scope of the employee’s or agent’s actual or apparent authority; or (c) with the express or implied consent of a director, member or partner of the employer or principal. (10) Subsection (9) does not exclude the liability of an employee or agent of or any other person acting on behalf of the employer or principal for committing the offence of trafficking in persons. Anti-Human Trafficking [No. 16 of 2022 425 Insertion of section 3A Prohibition of trafficking of children (11) A finding by a court that an employer or principal has contravened subsection (1), shall constitute a ground for revoking the licence or registration of the employer or principal to operate. (12) In this section, “organised criminal group” means a structured group of three or more persons acting in concert with the aim of committing one or more serious crimes or offences under this Act in order to obtain directly or indirectly a financial or other benefit.
Section 3Verify source
§ 5The principal Act is amended by the insertion of the followingAmendment

This provision amends the principal Act by inserting a new section after section 3.

5. The principal Act is amended by the insertion of the following new section immediately after section 3:
Section 5Verify source
§ 3A(1) A person who recruits, transports, transfers,Offence

A person who traffics a child for exploitation commits an offence and faces a prison term of at least 30 years; stronger penalties apply if the offender is a parent/guardian or if the trafficking causes death or grievous bodily harm.

3A. (1) A person who recruits, transports, transfers, habours, receives or obtain a child, within or across the territorial boundaries of Zambia, for the purpose of exploitation, commits an offence and is liable, on conviction, to imprisonment for a term of not less than thirty years and may be liable to imprisonment or life. (2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, without proof of force, fraud or coercion, is sufficient to establish the offence of trafficking of a child. (3) Despite subsection (1), where the offender is a parent, guardian or a person having parental responsibility for a child and the offender trafficks a child or permits the trafficking of the child, the offender is liable, on conviction, to imprisonment for a term of not less than thirty-five years and may be liable to life imprisonment. (4) Despite subsection (1), where the trafficking results in the death or grievous bodily harm of a child, the offender is liable, on conviction, to imprisonment for a term of not less than thirty-five years and may be liable to imprisonment for life.
Section 3AVerify source
§ 6The principal Act is amended by the repeal of section 4 andRepeal

This section amends the principal Act by repealing section 4 and replacing it with new text.

6. The principal Act is amended by the repeal of section 4 and the substitution therefor of the following:
Section 6Verify source
§ 4(1) A person who intentionally engages in conduct thatRepeal

A person who intentionally causes another person to enter debt bondage commits an offence and, on conviction, faces imprisonment of 15 to 25 years.

4. (1) A person who intentionally engages in conduct that causes another person to enter into a situation of debt bondage commits an offence and is liable, on conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years. Repeal and replacement of section 4 Debt bondage 426 No. 16 of 2022] Anti-Human Trafficking (2) It shall be a defence for a person charged with an offence under subsection (1) to satisfy the court that the person did not know and had no reasonable cause to believe that the act done would cause another person to enter into a situation of debt bondage. Amendment of section 5
Section 4Verify source
§ 7Section 5 of the principal Act is amended by the deletion ofAmendment

Section 5 is amended by removing the words “and unlawfully” after “intentionally”.

7. Section 5 of the principal Act is amended by the deletion of the words “and unlawfully” immediately after the word “intentionally”. Amendment of section 6 Amendment of section 7
Section 7Verify source
§ 8Section 8Amendment

This section amends Section 6(1) of the principal Act by deleting the words “and unlawfully” after “intentionally”.

8. Section 6 (1) of the principal Act is amended by the deletion of the words “and unlawfully” immediately after the word “intentionally”.
Section 8Verify source
§ 9Section 9Substitution

This section replaces an earlier rule and bans several knowing acts that help trafficking in persons, including transporting victims, providing premises for harbouring victims, and sharing information that facilitates trafficking.

9. Section 7 of the principal Act is amended by the— (a) deletion of subsection (1) and the substitution therefor of the following: (1) A person shall not— (a) knowingly transport a victim or be in charge of a conveyance which facilitates any offence under this Act; (b) knowingly lease or sublease or allow any room, house or building or premises to be used for the purpose of harbouring a victim; or (c) knowingly advertise, publish, print, broadcast, distribute or cause the advertisement, publication, printing, broadcasting or distribution of information that facilitates the trafficking in persons by any means, including the use of internet or other information knowingly.; (b) insertion of the following new subsection immediately after subsection (1): (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to the same penalty as if the person had been convicted of an offence under this Act.; and (c) renumbering of subsection (2) as subsection (3). Anti-Human Trafficking [No. 16 of 2022 427
Section 9Verify source
§ 10Section 9 (1) of the principal Act is amended by the deletionAmendment

This provision amends section 9(1) of the principal Act by deleting the words “or who consents to being smuggled” after “smuggling”.

10. Section 9 (1) of the principal Act is amended by the deletion of the words “or who consents to being smuggled” after the word “smuggling”.
Section 10Verify source
§ 11Section 19 of the principal Act is amended by theSubstitution

A person must not deal with property connected to offences under the Act, and contravention is an offence.

11. Section 19 of the principal Act is amended by the— (a) deletion of subsection (1) and the substitution therefor of Amendment of section 9 Amendment of section 19 the following: (1) A person shall not— (a) engage directly or indirectly in a business transaction that involves any property acquired with the proceeds of an offence under this Act; (b) receive, be in possession of conceal, disguise, dispose of or bring into the Republic any property derived and realised directly or indirectly from an offence under this Act; or (c) retain or acquire any property knowing that the property is derived or realised, directly or indirectly from an offence under this Act.; (b) insertion of the following new subsection immediately after subsection (1): (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred and seventy thousand penalty units or to imprisonment for a term not exceeding ten years.; and (c) renumbering of subsection (2) as subsection (3).
Section 11Verify source
§ 12Section 22 of the principal Act is amended by the deletionSubstitution

This provision amends section 22 of the principal Act by replacing specific wording.

12. Section 22 of the principal Act is amended by the deletion of the words “person is” before the word “whether” and the substitution therefor of the words “to certify a person as”.
Section 12Verify source
§ 13The principal Act is amended by the insertion of theAmendment

This provision says the principal Act is amended by inserting a new section after section 22.

13. The principal Act is amended by the insertion of the following new section immediately after section 22:
Section 13Verify source
§ 22A(1) A person shall be considered a victim ofAmendment

A person is treated as a trafficking victim if certified by the Department; if certification is refused, the person may appeal to court, and false information can lead to an offence and penalties.

22A. (1) A person shall be considered a victim of trafficking in persons if that person is certified by the Department as a victim of trafficking in persons in accordance with the procedure as prescribed. Amendment of section 22 Insertion of section 22A Certification of victims of trafficking in persons 428 No. 16 of 2022] Anti-Human Trafficking (2) Where the declaration of the status of a victim of trafficking has been granted to a person, that person shall be issued a certificate in the prescribed form. (3) Where the declaration of the status of victim of trafficking in persons is not granted to a person, that person may appeal against the decision to the Court. (4) A certificate granted in accordance with this section may be terminated where it is found that the decision to grant a declaration was based on false information. (5) A person who submits false information in accordance with subsection (4), commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
Section 22AVerify source
§ 14The principal Act is amended by the repeal of section 24Repeal

This section amends the principal Act by repealing section 24 and replacing it with new text.

14. The principal Act is amended by the repeal of section 24 and the substitution therefor of the following:
Section 14Verify source
§ 24Despite the provisions of any other written law, aOffence

A trafficking victim is not criminally liable for offences that are illegal in the Republic or for crimes that result directly or indirectly from being trafficked.

24. Despite the provisions of any other written law, a victim of trafficking in persons shall not be criminally liable for an offence regarded as illegal in the Republic or for a criminal act that is a direct or indirect result of being trafficked.
Section 24Verify source
§ 15The principal Act is amended by the insertion of theAmendment

This provision says the principal Act is amended by inserting a new section after section 94.

15. The principal Act is amended by the insertion of the following new section immediately after section 94:
Section 15Verify source
§ 94AThe Mutual Legal Assistance in Criminal MattersOffence

The Mutual Legal Assistance in Criminal Matters Act applies to offences under this Act, unless it is inconsistent with this Act.

94A. The Mutual Legal Assistance in Criminal Matters Act, applies to offences under this Act except where the provisions of the Mutual Legal Assistance in Criminal Matters Act are inconsistent with this Act.
Section 94AVerify source
§ 16The principal Act is amended by the repeal of sectionRepeal

This provision repeals section 101 of the principal Act and replaces it with new text that follows.

16. The principal Act is amended by the repeal of section 101 and the substitution therefor of the following:
Section 16Verify source
§ 101The Committee shallRepeal

The Committee must recommend policy guidelines to the Department, promote institutional linkages, and coordinate preparation of trafficking in persons reports.

101. The Committee shall— (a) recommend policy guidelines to the Department; (b) promote institutional linkages; and (c) co-ordinate the preparation of trafficking in persons reports. Repeal and replacement of section 24 Immunity from prosecution Insertion of section 94A Mutual Legal Assistance in Criminal Matters Cap. 98 Repeal and replacement of section 101 Functions of Committee Anti-Human Trafficking [No. 16 of 2022 429
Section 101Verify source
§ 17Section 110 of the principal Act is amended by the insertionAmendment

This provision amends section 110 by adding a new paragraph on the certification of victims of trafficking in persons.

17. Section 110 of the principal Act is amended by the insertion of the following new paragraph immediately after paragraph (f): Amendment of section 110 (g) the certification of victims of trafficking in persons.
Section 17Verify source
§ 18The Schedule to the principal Act is amendedSubstitution

The Schedule to the principal Act is amended by deleting paragraph 1 and replacing it with new text not included here.

18. The Schedule to the principal Act is amended— (a) by the deletion of paragraph 1 and the substitution therefor of the following:
Section 18Verify source
§ 1This Act may be cited as the Anti-Human TraffickingAmendment

This section sets out who sits on the Committee, who appoints the Chairperson, who elects the Vice-Chairperson, and who cannot be nominated or appointed as a member.

1. (1) The Committee shall consist of the following part time members appointed by the Minister: (a) one representative each from the ministries Amendment of Schedule Composition of Committee responsible for— (i) home affairs; (ii) social welfare; (iii) information; and (iv) labour; (b) one representative each from— (i) the Department of Immigration; (ii) the Zambia Police Service; (iii) the Judiciary; (iv) the Gender Equity and Equality Commission; and (v) the National Prosecution Authority; (c) a representative of the Attorney-General; (d) a representative of a non-governmental organisation dealing with matters relating to trafficking in persons; and (e) the Director as an ex-officio member. (2) The ministries, institutions or organisations under paragraph (1)(a) to (d) shall nominate their representatives for appointment by the Minister. (3) The Minister shall appoint the Chairperson of the Committee, and the members shall elect the Vice-Chairperson of the Committee from among themselves. 430 No. 16 of 2022] Anti-Human Trafficking (4) A person shall not be nominated or appointed as a member of the Committee if that person— (a) is not a citizen; (b) is an undischarged bankrupt; (c) is legally disqualified from performing the duties of a member; or (d) is convicted of an offence under any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine.; and (b) in paragraph 2, by the— (i) deletion of subparagraph (2); and (ii) renumbering of subparagraph (3) as subparagraph (2). General amendment
Section 1Verify source
§ 19The principal Act is amended by the deletion of the wordsSubstitution

This section amends the principal Act by replacing “police officer” with “authorised officer” wherever that term appears.

19. The principal Act is amended by the deletion of the words “police officer” wherever the words appear and the substitution therefor of the words “authorised officer”.
Section 19Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Anti-Human Trafficking department who shall be responsible for the administration of the provisions of this Act

    Section 2B

G–M

1 instrument

  • Mutual Legal Assistance in Criminal Matters Act

    Section 94A

N–S

6 instruments

  • of section 24 This section amends the principal Act

    Section 14

  • of section 3 Section 4 repeals section 3 of the principal Act

    Section 4

  • of section 4 and This section amends the principal Act

    Section 6

  • of section This provision repeals section 101 of the principal Act

    Section 16

  • Permanent Secretary in the ministry responsible for home affairs. (2) Subject to the other provisions of this Act

    Section 2A

  • principal Act

    Sections 3, 5, 8, 10, 12, 19

T–Z

1 instrument

  • This provision says the principal Act

    Sections 13, 15

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  • 16 Nov 2022 · currentEnglish

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