Have your say on what others can do with their bodies: Sex work bill open for public comment

South Africa is taking a groundbreaking step toward decriminalising sex work in the country.

The Department of Justice and Constitutional Development on Friday published Sexual Offences and Related Matters Amendment Bill of 2022 and has since opened the public participation process.

Criminalising sex work contributes to GBV

Years of criminalising sex work had not stopped the selling or buying of sex, nor has it been effective, Justice and Correctional Services Minister Ronald Lamola said.

“If anything, it has led to higher levels of violence against sex workers,” he said.

Criminalisation predominantly affected women, because law enforcement often targeted women selling the service, while allowing men to seek out sex workers more freely.

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“The National Prosecuting Authority has also indicated a very low percentage of cases or prosecutions for such transgressions,” Lamola explained.

The National Strategic Plan on Gender-Based Violence and Femicide contains a list of key interventions, among which is the “finalisation of legislative process to decriminalize sex work – fast-tracking and promulgation.”

The upside of legal sex work

It is hoped that decriminalisation will minimise human rights violations against sex workers.

It would also mean they can access health care and reproductive health services, hopefully, without discrimination.

It will also lead to compliance with health and safety and labour legislation, affording them better protection, working conditions and less discrimination and stigma.

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How it will work

The Bill follows a two-step approach to sex work.

It will not decriminalise and regulate the industry all at once, rather it will focus on decriminalisation only, with regulation to follow at a later stage.

“It was thought to be important to deal with the decriminalisation first, so as to ensure that sex workers are no longer criminally charged,” said Lamola.

“This will mean greater protection for sex workers. Decriminalisation will destigmatise sex work and enable access to basic services and protection by law enforcement agencies.”

Existing laws prohibiting children from selling sex and trafficking for sexual purposes remain in force.

When it comes to regulation, municipal bylaws would still be able to provide where solicitation in public spaces may or may not take place, for example, prohibiting the selling of sex in certain areas.

“This is similar to the prohibition on the location of taverns and shebeens, where there can be restrictions imposed to prohibit trade in residential neighbourhoods, near schools and/or religious buildings.”

There is also a clause in the bill deals with expungement of criminal records of persons convicted of, engaged in, rendering or receiving sexual services from persons 18 years or older.

A copy of the Bill is available on the website of the Department here.

Compiled by Narissa Subramoney

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