ESTUDYR
LME3701: Research Proposal Cover Page
(Updated)
ASSIGNMENT 2 2026 DUE APRIL 2026
COMPARATIVE RESEARCH APPROACH This means looking at the current legal position
in one jurisdiction and comparing it to the current legal position in another jurisdiction. For
purposes of this research proposal, you must look at the laws of South Africa. Legislation, case
law, law reform commission reports, and writings by scholars should be consulted. You will not
go into detail about the historical developments of the law on the issue in these two jurisdictions
but analyze and compare the current legal position.
By: [Estudyr] Submitted in partial fulfilment of the requirements for the degree: LLB In
the: SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROFESSOR
JJ KORTJAS (PORTFOLIO/ASSIGNMENT 02) 2026
CRSA: The Constitution of the Republic of South Africa
COK: Constitution of Kenya
BOR: Bill of Rights
SAJHR: South African Journal on Human Rights
KNHRC: Kenya National Human Rights Commission
HRC: Human Rights Committee
UNHCR: United Nations High Commissioner for Refugees
ILO: International Labour Organization
TIP: Trafficking in Persons
UNICEF: United Nations International Children's Emergency Fund
UNTOC: United Nations Convention against Transnational Organized Crime
Table of Contents
1. Keywords ......................................................................................... 3
2. Research introduction ................................................................... 3
3. Problem statement ......................................................................... 4
4. Hypothesis ....................................................................................... 5
5. Points of departure and assumptions .......................................... 8
6. Conceptualisation of central research themes ............................. 9
7. Proposed chapter outlay ................................................................ 10
8. Projected time scale ...................................................................... 13
9. Description proposed research methodology ............................... 14
10. Preparatory study and research ................................................... 15
11. Conclusion ...................................................................................... 16
,ESTUDYR
12. Bibliography ................................................................................... 19
13. Academic honesty declaration ...................................................... 21
1.1 Research Introduction
Human trafficking is a grave crime that violates fundamental human rights, involving the
recruitment or receipt of persons through force or fraud for exploitation$^1$. In South Africa, it
is a significant issue involving forced labor and sexual exploitation$^2$. A rising trend is the use
of children for forced begging in urban centers$^4$. While South Africa enacted the Prevention
and Combating of Trafficking in Persons Act 7 of 2013 (TIP Act), enforcement remains
hindered by weak victim identification and corruption$^7$.
1.2 Problem Statement
The central legal problem is the inadequacy of current enforcement mechanisms in both South
Africa and Kenya regarding the exploitation of children in forced begging. Despite both nations
being signatories to UNTOC, traffickers continue to exploit gaps in border control and local law
enforcement. This research seeks to identify why the TIP Act (South Africa) and the Counter-
Trafficking in Persons Act (Kenya) have not effectively curtailed the visibility of child beggars
controlled by organized syndicates.
1.3 Hypothesis
It is hypothesized that a comparative analysis between South Africa and Kenya will reveal that
while legislative frameworks are robust, the lack of specialized judicial training and insufficient
funding for victim support services (as outlined by UNICEF guidelines) are the primary barriers
to successful prosecution and victim rehabilitation.
LME3701 Assignment 2 – Questions
Question 1
Read the following statement and indicate whether it is TRUE or FALSE:
Human trafficking always involves the physical movement of a victim across national borders.
Answer: FALSE
Rationale: Human trafficking can occur within a country (internal trafficking) and does not
require cross-border movement.
, ESTUDYR
Question 2
Human trafficking is best defined as:
A. Any form of illegal migration
B. Recruitment or movement of persons for exploitation through force, fraud, or coercion
C. Smuggling of goods across borders
D. Voluntary child labour
Answer: B
Rationale: The defining element of trafficking is exploitation through coercive or deceptive
means.
Question 3
Which population group is most vulnerable to trafficking for forced begging in South Africa?
A. Retired persons
B. Tourists
C. Children from socio-economically vulnerable backgrounds
D. Corporate employees
Answer: C
Rationale: Poverty, lack of protection, and dependence increase children’s vulnerability.
Question 4
The South African statute that primarily criminalises human trafficking is the:
A. Children’s Act 38 of 2005
B. Criminal Law Amendment Act
C. Prevention and Combating of Trafficking in Persons Act 7 of 2013
D. Immigration Act 13 of 2002
Answer: C
Rationale: The TIP Act provides a comprehensive legal framework against trafficking.
Question 5
LME3701: Research Proposal Cover Page
(Updated)
ASSIGNMENT 2 2026 DUE APRIL 2026
COMPARATIVE RESEARCH APPROACH This means looking at the current legal position
in one jurisdiction and comparing it to the current legal position in another jurisdiction. For
purposes of this research proposal, you must look at the laws of South Africa. Legislation, case
law, law reform commission reports, and writings by scholars should be consulted. You will not
go into detail about the historical developments of the law on the issue in these two jurisdictions
but analyze and compare the current legal position.
By: [Estudyr] Submitted in partial fulfilment of the requirements for the degree: LLB In
the: SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROFESSOR
JJ KORTJAS (PORTFOLIO/ASSIGNMENT 02) 2026
CRSA: The Constitution of the Republic of South Africa
COK: Constitution of Kenya
BOR: Bill of Rights
SAJHR: South African Journal on Human Rights
KNHRC: Kenya National Human Rights Commission
HRC: Human Rights Committee
UNHCR: United Nations High Commissioner for Refugees
ILO: International Labour Organization
TIP: Trafficking in Persons
UNICEF: United Nations International Children's Emergency Fund
UNTOC: United Nations Convention against Transnational Organized Crime
Table of Contents
1. Keywords ......................................................................................... 3
2. Research introduction ................................................................... 3
3. Problem statement ......................................................................... 4
4. Hypothesis ....................................................................................... 5
5. Points of departure and assumptions .......................................... 8
6. Conceptualisation of central research themes ............................. 9
7. Proposed chapter outlay ................................................................ 10
8. Projected time scale ...................................................................... 13
9. Description proposed research methodology ............................... 14
10. Preparatory study and research ................................................... 15
11. Conclusion ...................................................................................... 16
,ESTUDYR
12. Bibliography ................................................................................... 19
13. Academic honesty declaration ...................................................... 21
1.1 Research Introduction
Human trafficking is a grave crime that violates fundamental human rights, involving the
recruitment or receipt of persons through force or fraud for exploitation$^1$. In South Africa, it
is a significant issue involving forced labor and sexual exploitation$^2$. A rising trend is the use
of children for forced begging in urban centers$^4$. While South Africa enacted the Prevention
and Combating of Trafficking in Persons Act 7 of 2013 (TIP Act), enforcement remains
hindered by weak victim identification and corruption$^7$.
1.2 Problem Statement
The central legal problem is the inadequacy of current enforcement mechanisms in both South
Africa and Kenya regarding the exploitation of children in forced begging. Despite both nations
being signatories to UNTOC, traffickers continue to exploit gaps in border control and local law
enforcement. This research seeks to identify why the TIP Act (South Africa) and the Counter-
Trafficking in Persons Act (Kenya) have not effectively curtailed the visibility of child beggars
controlled by organized syndicates.
1.3 Hypothesis
It is hypothesized that a comparative analysis between South Africa and Kenya will reveal that
while legislative frameworks are robust, the lack of specialized judicial training and insufficient
funding for victim support services (as outlined by UNICEF guidelines) are the primary barriers
to successful prosecution and victim rehabilitation.
LME3701 Assignment 2 – Questions
Question 1
Read the following statement and indicate whether it is TRUE or FALSE:
Human trafficking always involves the physical movement of a victim across national borders.
Answer: FALSE
Rationale: Human trafficking can occur within a country (internal trafficking) and does not
require cross-border movement.
, ESTUDYR
Question 2
Human trafficking is best defined as:
A. Any form of illegal migration
B. Recruitment or movement of persons for exploitation through force, fraud, or coercion
C. Smuggling of goods across borders
D. Voluntary child labour
Answer: B
Rationale: The defining element of trafficking is exploitation through coercive or deceptive
means.
Question 3
Which population group is most vulnerable to trafficking for forced begging in South Africa?
A. Retired persons
B. Tourists
C. Children from socio-economically vulnerable backgrounds
D. Corporate employees
Answer: C
Rationale: Poverty, lack of protection, and dependence increase children’s vulnerability.
Question 4
The South African statute that primarily criminalises human trafficking is the:
A. Children’s Act 38 of 2005
B. Criminal Law Amendment Act
C. Prevention and Combating of Trafficking in Persons Act 7 of 2013
D. Immigration Act 13 of 2002
Answer: C
Rationale: The TIP Act provides a comprehensive legal framework against trafficking.
Question 5
