The Anti-Human Trafficking Act, 2022

An Act to amend the Anti-Human Trafficking
Act, 2008.
[16th November, 2022
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Anti-Human Trafficking
(Amendment) Act, 2022, and shall be read as one with the
Anti- Human Trafficking Act, 2008, in this Act referred to as the
principal Act.
2. Section 2 of the principal Act is amended by the—
(a) deletion of the definitions of “abuse of vulnerability”,
“coercion”, “exploitation” “person”, “premises”, “public
officer”, “public service” and “victim” and the
substitution therefor of the following:
“abuse of vulnerability” in relation to trafficking in
persons, means physical or psychological abuse
of a person and is not limited to taking advantage
of the vulnerabilities of that person resulting
from—
(a)the person having entered the
Republic illegally or without proper
documentation;
(b) pregnancy;
Anti-Human Trafficking [No. 16 of 2022 419
Enactment
Short title
Act No. 11
of 2008
Amendment
of section 2
GOVERNMENT OF ZAMBIA
ACT
No. 16 of 2022
Date of Assent: 10th November, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

of Assent: 10th November, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

Anti-Human Trafficking420 No. 16 of 2022]
(c) any disability of the person;
(d) addiction to the use of any substance;
and
(e) reduced capacity to form a judgment
by virtue of being a child;
“coercion” means violent physical or psychological
pressure or persuasion and other forms of non-
violent physical or psychological pressure or
persuasion such as—
(a) a threat of serious harm to a person
or another person; and
(b) the abuse or threatened abuse of the
legal process;
“exploitation” includes—
(a) all forms of slavery or practices similar
to slavery, including debt bondage or
forced marriage;
(b) sexual exploitation;
(c) servitude;
(d) forced labour;
(e) child labour;
(f) the removal of body parts;
(g) forced involvement in armed conflict;
or
(h) any labour or services obtained
through threats or other forms of
coercion or the abuse of power or of a
position of vulnerability;
“person” has the meaning assigned to the word in
the Constitution;
“premises” includes a vehicle, an offshore installation
and any other structure or shelter that is
moveable or immovable;
“public officer” has the meaning assigned to the
words in the Constitution; andCap. 1
Cap. 1

other structure or shelter that is
moveable or immovable;
“public officer” has the meaning assigned to the
words in the Constitution; andCap. 1
Cap. 1

“victim” means a person who has suffered harm
or is at risk of suffering harm, including mental
and physical injury, emotional suffering,
economic loss or substantial impairment of the
person’s fundamental human rights through acts
that are a violation of this Act, and has been
certified as a victim in accordance with this Act;;
(b) deletion of the definition of “police officer” and “traffic”;
and
(c) insertion of the following new definitions in the appropriate
places in alphabetical order:
“authorised officer” includes a police officer, an
officer from the Anti- Corruption Commission,
an officer from the Drug Enforcement
Commission, an anti-human trafficking officer
and an immigration officer;
“court” means the High Court or the Subordinate
Court;
“Department” means the Anti- HumanTrafficking
Department established under section 2A;
“Director” means the Director of Anti-Human
Trafficking appointed under section 2B;
“State institution” has the meaning assigned to the
words in the Constitution; and
“trafficking in persons” means to recruit, transport,
transfer, harbour, receive or obtain a person,
within or across the territorial boundaries of
Zambia, by means of the threat or use of force
or other forms of coercion, abduction, fraud,
deception, abuse of power or of a position of
vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of
a person having control over another person,
for the purpose of exploitation.

he giving or receiving of
payments or benefits to achieve the consent of
a person having control over another person,
for the purpose of exploitation.

Cap. 1
Anti-Human Trafficking [No. 16 of 2022 421

Cap. 1
Anti-Human Trafficking [No. 16 of 2022 421

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

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.

Fund; and
(j)collaborate with a State institution, Government
department and international organisation on
matters relating to trafficking in persons.

Insertion of
Part IA
Establishment
of
Department
Anti-Human Trafficking422 No. 16 of 2022]

Insertion of
Part IA
Establishment
of
Department
Anti-Human Trafficking422 No. 16 of 2022]

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. 2C. (1) An authorised officer shall, in consultation with
the Director, investigate, arrest and prosecute cases of
trafficking in persons. (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. 4.

ll, when
handling a case relating to trafficking in persons, consult the
Director. (3) A person who contravenes subsection (2), commits
an offence. 4.

The principal Act is amended by the repeal of section 3
and the substitution therefor of the following:
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. Director,
Assistant
Directors and
other officers
Prohibition
of
trafficking in
persons
Repeal and
replacement
of section 3
Consultation
with Director
Anti-Human Trafficking [No. 16 of 2022 423

ficers
Prohibition
of
trafficking in
persons
Repeal and
replacement
of section 3
Consultation
with Director
Anti-Human Trafficking [No. 16 of 2022 423

(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.

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.

e’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 Trafficking424 No. 16 of 2022]

r person acting on behalf of
the employer or principal for committing the offence of
trafficking in persons. Anti-Human Trafficking424 No. 16 of 2022]

(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. 5. The principal Act is amended by the insertion of the following
new section immediately after section 3:
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.

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. 6. The principal Act is amended by the repeal of section 4 and
the substitution therefor of the following:
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. Insertion of
section 3A
Prohibition
of trafficking
of children
Repeal and
replacement
of section 4
Debt
bondage
Anti-Human Trafficking [No. 16 of 2022 425

rtion of
section 3A
Prohibition
of trafficking
of children
Repeal and
replacement
of section 4
Debt
bondage
Anti-Human Trafficking [No. 16 of 2022 425

(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. 7. Section 5 of the principal Act is amended by the deletion of
the words “and unlawfully” immediately after the word
“intentionally”. 8. Section 6 (1) of the principal Act is amended by the deletion
of the words “and unlawfully” immediately after the word
“intentionally”. 9.

onally”. 8. Section 6 (1) of the principal Act is amended by the deletion
of the words “and unlawfully” immediately after the word
“intentionally”. 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). Amendment
of section 5
Amendment
of section 6
Amendment
of section 7
Anti-Human Trafficking426 No. 16 of 2022]

ng of subsection (2) as subsection (3). Amendment
of section 5
Amendment
of section 6
Amendment
of section 7
Anti-Human Trafficking426 No. 16 of 2022]

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”. 11. Section 19 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) 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). 12.

nd seventy
thousand penalty units or to imprisonment for a
term not exceeding ten years.; and
(c) renumbering of subsection (2) as subsection (3). 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”. 13. The principal Act is amended by the insertion of the
following new section immediately after section 22:
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 19
Amendment
of section
22
Insertion of
section 22A
Certification
of victims of
trafficking in
persons
Amendment
of section 9
Anti-Human Trafficking [No. 16 of 2022 427

ction
22
Insertion of
section 22A
Certification
of victims of
trafficking in
persons
Amendment
of section 9
Anti-Human Trafficking [No. 16 of 2022 427

(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. 14. The principal Act is amended by the repeal of section 24
and the substitution therefor of the following:
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. 15.

riminally 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. 15.

The principal Act is amended by the insertion of the
following new section immediately after section 94:
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. 16. The principal Act is amended by the repeal of section
101 and the substitution therefor of the following:
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 Trafficking428 No. 16 of 2022]

al
Legal
Assistance
in Criminal
Matters
Cap. 98
Repeal and
replacement
of section
101
Functions of
Committee
Anti-Human Trafficking428 No. 16 of 2022]

17. Section 110 of the principal Act is amended by the insertion
of the following new paragraph immediately after paragraph (f):
(g) the certification of victims of trafficking in persons. 18. The Schedule to the principal Act is amended—
(a) by the deletion of paragraph 1 and the substitution therefor
of the following:
1. (1) The Committee shall consist of the following part
time members appointed by the Minister:
(a) one representative each from the ministries
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.

(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. Amendment
of section 110
Amendment
of Schedule
Composition
of
Committee
Anti-Human Trafficking [No. 16 of 2022 429

(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).
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”.
General
amendment
Anti-Human Trafficking430 No. 16 of 2022]