On 30 November 2022, Cabinet approved the publishing of a Bill for public comment, one which could finally see sex work decriminalised in South Africa. For those in this dangerous and rough industry, the change is a welcomed upgrade for an array of very real reasons.
When looking at the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, Cabinet explained that it repeals the Sexual Offences Act (previously Immorality Act), 1957 (Act 23 of 1957). “It also repeals Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act, 2007 (Act 32 of 2007) to decriminalise the sale and purchase of adult sexual services.”
According to Cabinet, the proposal of this Bill responds to the list of interventions proposed in Pillar 3 (Protection, Safety and Justice) of the National Strategic Plan on GBVF, which enjoins the criminal justice system to provide protection, safety and justice for survivors of GBVF, and to effectively hold perpetrators accountable for their actions.
“Once passed into law, it will amongst others protect sex workers against abuse and exploitation,” explained Cabinet.
Speaking with Newcastillian News, Newcastle’s sex workers told how they were abused and mistreated without any legal assistance due to the outdated legislation. They further said that the new Bill is a welcomed change as it protects them, their clients and their client’s families.
Discussing the current problems and the benefits of the new Bill, 23-year-old Busi explained that she got involved in prostitution in 2018 additionally saying that while sex work provided a steady income, it was an extremely difficult job.
“Men who come to us can be very violent. At times, they will rape and rob us. We cannot even report the crimes at times, as the police don’t always want to help us because of our jobs.”
Additionally, Thandi, a 10-year veteran stated, “Sometimes, men will force us to have sex without condoms. Other times, men will take us to a quiet place before they rape us. Once they finished, they will then rob us and leave us at the spot they took us to with nothing, not even our cellphones to call for help.”
Further showcasing the lawlessness these women currently work in, Thandi stated that “last weekend, one of the girls went into the bush with a client, only for him and four others to rape her, before robbing her.”
Therefore and speaking on the new Bill, both Busi and Thandi said that there would be numerous benefits to their industry if the public comment ensured the Bill was officially passed.
“It will make sure that we are safe from violent crime and can actually go to the police when someone harms us,” declared Busi.
Moreover, Thandi highlighted that if sex work were decriminalised, prostitutes would have to register and become part of legal brothels. “This will mean that we are no longer in danger on the streets. Also, it will be safer for our clients because if sex work is decriminalised, we will have to go for regular check-ups to make sure we don’t have any STDs or other viruses,” she emphasised.
Both Busi and Thandi highlighted that while many community members might not be keen on the legislation, it was important for people to remember that numerous clientele were respected, married men with families in various communities. Thus, by setting up an established structure, these men’s families would also be safer.
What are your thoughts on all of this? Share your views in the comment section below.
One Response
I think it’s,a good thing I can’t stand that these girls sell their bodies for sex but at least they will be cared for and have access to medical care and won’t be used and abused