EDITORIAL | Systems must be modified if sex work is decriminalised

While minister of justice Ronald Lamola is on Friday expected to give an update on SA’s move to decriminalise sex work, we can only hope that government understands that this would be the beginning of a long road ahead where many systems would need to change or improve to accommodate such a law.

Cabinet approved the publishing of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill on November 30 2022 for public comments. The Bill repeals the Sexual Offences Act (previously Immorality Act), 1957 (Act 23 of 1957). It also repeals section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) to decriminalise the sale and purchase of adult sexual services.

The proposals of this bill respond to the list of interventions of the national strategic plan on gender-based violence and femicide, which enjoins the criminal justice system to provide protection, safety and justice for survivors of gender-based violence and to effectively hold perpetrators accountable for their actions.

That said, decriminalising sex work is not enough to stop the abuse and dangers sex workers are exposed to. No law has proven sufficient to stop criminals from performing crimes.

Taking it further, while crimes such as GBV are serious and described as a pandemic, this hasn’t resulted in law enforcers being sensitised to these crimes. Time and again, we have heard of victims being failed by the police or justice system. It may not be any different for sex workers. 

Decriminalising sex work will not just mean changing laws but also require the destigmatising of the “profession”, particularly for those who will be needed to provide services for sex workers — police, the courts, health workers, social development and so on.

It is important for government to remain cognisant that a large majority of women turn to sex work because of some form of socioeconomic desperation. Once sex work is legalised, SA shouldn’t see an increase in sex trade. Instead, it is now that the department of social development should turn its focus to helping sex workers escape prostitution. It can never be seen as a means to an end.