Section 2, Smuggling Act, 2022

(1) There shall continue in existence a body known asthe National Task Force on Human Trafficking consisting of the Minister of Social Welfare as Chairman and the following other members or their representatives, not below the rank of a Director– National Task Force on Human Trafficking. 32. (1) A witness, other than the accused, in a criminal trial under this Act, shall be eligible for witness protection if the court is satisfied that the quality of evidence given by the witness in the proceedings is likely to be diminished by reason of fear or distress on the part of the witness. (2) In determining whether a witness is eligible for witness protection under subsection (1), the court shall take into account– (a) the nature and alleged circumstances of the offence to which the proceedings relate; (b) the age of the witness; (c) matters which appear to the Court to be relevant including– (i) the social and cultural background of the witness; (ii) the domestic and employment circumstances of the witness; and (iii) religious beliefs or political opinions of the witness; (d) behaviour towards the witness on the part of– Witness protection. No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 (a) The Attorney General and Minister of Justice; (b) The Minister of Finance; (c) The Minister of Labour and Social Security; (d) The Minister of Gender and Children’s Affairs; (e) The Minister of Local Government and Rural Development; (f) The Minister of Foreign Affairs and International Cooperation; (g) The Minister of Information and Communication; (h) The Minister of Health and Sanitation; (l) The Minister of Internal Affairs (j) The National Security Coordinator in the Office of National Security; (k) The Chief Immigration Officer; (l) The Inspector General of Police; (m) The Chairman, Human Rights Commission; (n) The Director, Financial Intelligence Unit; and (o) The Executive-Director appointed under section 5 as Secretary to the Task Force. 6 23 (c) costs of necessary transportation, temporary housing and child care; (d) lost income; (e) legal practitioner’s fees and other legal costs; (f) the greater of the gross income or value to the defendant of the victim’s services or labour; (g) emotional distress, pain, and suffering; and (h) any other losses suffered by the victim. (3) Restitution shall, upon the conviction of the defendant, be paid– (a) to the victim promptly and in any event not later than 90 days from the date of conviction; (b) with the proceeds from property forfeited under section 30; (c) for the return of a victim to his home country or normal place of abode but the absence of the victim from the jurisdiction shall not prejudice the victim’s right to receive restitution. No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022No. 12 The Anti-Human Trafficking and Migrant Smuggling Act, 2022 (2) The Task Force shall be a body corporate with perpetual succession and, subject to this Act, capable of performing all such functions as bodies corporate may by law perform.