Sex work is driven by a complex intersection of social and economic factors in which poverty, unemployment and inequality are key drivers, according to Justice and Correctional Services Minister Ronald Lamola.
Lamola was speaking in Hatfield in Pretoria on Friday, where he was outlining the developments to decriminalise sex work in South Africa.
“The debate around sex work has been complicated by high levels of unemployment, crippling poverty, burgeoning numbers of migrant and illegal foreign job seekers, high levels of sexual violence against women, the HIV/Aids epidemic, drug/substance abuse and targeted exploitation of women engaging in sex work by third parties, authorities and buyers,” he said.
“The proposals of this bill respond to the list of interventions proposed in pillar three [protection, safety and justice] 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 GBV, and to effectively hold perpetrators accountable for their actions.”
The new bill is expected to nullify the Sexual Offences Act, previously known as the Immortal Act of 1957. It will also cancel section 11 of the criminal law that relates to the Sexual Offenses and Related Matters Amendment Act of 2007, with the intent to decriminalise sex work.
The criminalising of sex work has not stopped the sex trade, nor has it been effective, but it has rather led to higher levels of violence against sex workers, particularly female sex workers. The National Prosecuting Authority has also indicated that there is a very low percentage of cases or prosecutions for such transgressions.
Lamola said the new bill follows a two-step approach to sex work. It does not decriminalise and regulate the industry all at once, but deals with decriminalisation only, with regulation to follow at a later stage.
It was thought to be important to deal with the decriminalisation first, to ensure that sex workers are no longer criminally charged, he added, noting that this means greater protection for sex workers.
“Decriminalisation will destigmatise sex work and enable access to basic services and protection by law-enforcement agencies,” Lamola said.
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