FOR years, sex workers and organisations advocating for their rights have called for the decriminalisation of prostitution, and the government recently made a move towards that direction.
An amendment bill to decriminalise sex work was approved for publishing and public comment by Cabinet at the end of November.
While this was welcomed by civil rights group, some sex workers felt that it was done to stall and give them false hope.
Speaking to Daily Sun, a 29-year-old sex worker in Zandspruit near Cosmo City, said the government was only doing this because they had been loud about its failures to protect them.
She said for years, they had been subjected to abuse from the police and public because of what they did and when the discovery of the six bodies believed to be of sex workers received media attention, they were also able to voice out their plight.
“The government has seen that we are angry and won’t back down until we’re taken seriously. So, it is introducing this so it can shut us down, but it won’t work,” she said.
She added that if the government was serious about this, it would have done so without going around asking people for comment.
On 9 December, Justice and Correctional Services Minister Ronald Lamola outlined the progress.
He said with regards to the clauses of the Bill, Clause 1 aimed to repeal the Sexual Offences Act, 1957 and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
“Clause 2 deals with the expungement of criminal records of persons convicted of, engaged in, rendering or receiving sexual services from persons 18 years or older. Clause 3 deals with transitional provisions pertaining to criminal proceedings, relating to sexual services rendered or received by persons 18 years or older, which were instituted prior to the commencement of this Act. Clause 4 deals with the short title and commencement,” he said.
The Commission for Gender Equality (CGE) has welcomed the announcement that the Sex Work Bill was open for public comments.
CGE spokesman Javu Baloyi said they had always maintained that the criminalisation went against the human rights of sex workers in South Africa.
“It is our resolve that sex work must be dealt with through economic and social interventions rather than criminal law,” he said.
Sisonke National Sex Workers Movement spokesman Katlego Raisibitse said the decriminalisation would have both the buyer and seller of sex to have full access to health and justice services.
“This means they will enjoy, for the first time, all the rights written in the Constitution,” he said.
