Section 3 of the refugees act should be amended to provide that a person qualifies
for refugee status if that person is a victim of trafficking and proves to the satisfaction of the Director-General of the Department of Home affairs that he or she may be harmed, killed or trafficked again if returned to his or her country of origin or the country from where he or she has been trafficked. Such victims would be able to apply for a permanent residence permit in terms of section 27(d) of the immigration act
which states that the Director-General of the Department of Home affairs may issue
a permanent residence permit to a foreigner of good and sound character who is a
refugee referred to in section 27(c) of the refugees act.83
Provided a victim of trafficking proves to the satisfaction of the Director-General of the Department of Home affairs that he or she may be harmed, killed or trafficked again if returned to his or her country of origin or the country from where he or she has been
trafficked, such victim should be entitled to apply for a permanent residence permit
in terms of the immigration act, after five years continuous residence in the country
from the date on which he or she was granted a temporary residence permit.
the Director-General of the Department of Home affairs may, on humanitarian
grounds, extend a temporary residence permit granted to a victim of trafficking.