LME3701 Legal Research Methodology Assignment 3 Portfolio Semester 1 2025 | UNISA

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 is a severe violation of human rights that continues to challenge modern societies. It is widely recognised as a form of modern slavery that exploits vulnerable individuals, particularly women and children, for forced labour, sexual exploitation, and domestic servitude.1 South Africa and Kenya, two prominent jurisdictions in Africa, have both developed legislative frameworks aimed at combating human trafficking. Despite the existence of comprehensive laws such as South Africa's Prevention and Combating of Trafficking in Persons Act 7 of 2013 2 and Kenya's Counter-Trafficking in Persons Act 8 of 20103, enforcement challenges and gaps in victim protection remain significant issues. Recent observations, including the increase in adults with small children begging at traffic lights in South Africa, raise concerns that trafficking networks may be exploiting children through coercion or deceptive practices. Similarly, Kenya has reported cases where children are trafficked for forced begging and other exploitative activities. 

This research proposal intends to compare the current legal frameworks of South Africa and Kenya by analysing the constitutional rights afforded to trafficking victims and the legislative measures established to combat trafficking. By employing a comparative legal research approach, the study will evaluate how each jurisdiction's legal system protects victims, the efficacy of enforcement mechanisms, and the extent to which judicial interpretations and law reform recommendations address the issue. Through an examination of primary sources, case law, and scholarly commentary, the research will identify best practices as well as areas for improvement in both legal systems. Ultimately, this study seeks to provide recommendations for legal reforms that will enhance victim protection and improve the prosecution of trafficking offences.