South Africa
Practice Related to Rule 94. Slavery and Slave Trade
South Africa’s Constitution (1996), as amended to 2003, states:
13. Slavery, servitude and forced labour.
No one may be subjected to slavery, servitude or forced labour.
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37. States of emergency.
(1) A state of emergency may be declared only in terms of an Act of Parliament and only when –
(a) the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; …
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(5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration may permit or authorise –
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(c) any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.
In the “Table of Non-Derogable Rights”, the Constitution includes section 13, entitled “Slavery, servitude and forced labour”, and states that the right is protected “[w]ith respect to slavery and servitude”.
South Africa’s ICC Act (2002) reproduces the definitions of crimes against humanity of the 1998 ICC Statute, including “enslavement”.