South Africans have until the end of January to comment on whether sex work should be decriminalised.
Justice and correctional services minister Ronald Lamola said the draft bill which aims to decriminalise the sale and purchase of adult sexual services will also destigmatise sex work.
The bill promotes access to healthcare and protection by law enforcement agencies for sex workers.
Last week, cabinet approved the Criminal Law (Sexual Offences and Related Matters) Amendment Bill for public comments.
The bill repeals the Sexual Offences Act (previously the Immorality Act) and section 11 of the Criminal Law Amendment Act to decriminalise the industry.
“Criminalising sex work has not stopped the selling or buying of sex. If anything, it has led to higher levels of violence against sex workers. In addition, criminalisation affects predominantly women, with the female sex worker usually the one confronted by law enforcement, but the male client isn’t.
“The National Prosecuting Authority has also indicated a very low percentage of cases or prosecutions for such transgressions,” Lamola said.
At the time of the release of the South African Law Reform Commission report in 2017 cabinet decided not to make a policy choice and that the issue of sex work should be debated further.
The governing ANC, in its 54th national conference resolutions, also resolved that “the calls to decriminalise sex work must be subjected to a high-level discussion and engagement with relevant multiple stakeholders and to continue to engage society on this to determine the societal norm. Sex workers must be protected.”
“It would also afford better protection for sex workers, better working conditions and less discrimination and stigma,” said Lamola.
“The bill follows a two-step approach to sex work. It does not decriminalise and regulate the industry at once. It deals with decriminalisation only, with regulation to follow later.
“It was important to deal with decriminalisation first to ensure sex workers are no longer criminally charged,” he added.
The cut-off date for comments is January 31.
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Should sex work be legal in SA? Bill to decriminalise prostitution open for public comment
Minister of justice Ronald Lamola says South Africans have until the end of January to comment on whether sex work should be legal
Image: 123RF/terovesalainen
South Africans have until the end of January to comment on whether sex work should be decriminalised.
Justice and correctional services minister Ronald Lamola said the draft bill which aims to decriminalise the sale and purchase of adult sexual services will also destigmatise sex work.
The bill promotes access to healthcare and protection by law enforcement agencies for sex workers.
Last week, cabinet approved the Criminal Law (Sexual Offences and Related Matters) Amendment Bill for public comments.
The bill repeals the Sexual Offences Act (previously the Immorality Act) and section 11 of the Criminal Law Amendment Act to decriminalise the industry.
“Criminalising sex work has not stopped the selling or buying of sex. If anything, it has led to higher levels of violence against sex workers. In addition, criminalisation affects predominantly women, with the female sex worker usually the one confronted by law enforcement, but the male client isn’t.
“The National Prosecuting Authority has also indicated a very low percentage of cases or prosecutions for such transgressions,” Lamola said.
At the time of the release of the South African Law Reform Commission report in 2017 cabinet decided not to make a policy choice and that the issue of sex work should be debated further.
The governing ANC, in its 54th national conference resolutions, also resolved that “the calls to decriminalise sex work must be subjected to a high-level discussion and engagement with relevant multiple stakeholders and to continue to engage society on this to determine the societal norm. Sex workers must be protected.”
“It would also afford better protection for sex workers, better working conditions and less discrimination and stigma,” said Lamola.
“The bill follows a two-step approach to sex work. It does not decriminalise and regulate the industry at once. It deals with decriminalisation only, with regulation to follow later.
“It was important to deal with decriminalisation first to ensure sex workers are no longer criminally charged,” he added.
The cut-off date for comments is January 31.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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