It is now up to the National Assembly to decide whether to support a move to decriminalise sex work after the Criminal Law (Sexual Offences Sexual Offences and Related Matters) Amendment Bill, which was open for public comment closed last month.
The department of Justice and Constitutional development called for public comments last December after getting approval from the cabinet.
If the bill is enacted, it would, among other provisions, make it legal to sell or buy adult sexual services.
This means that the sex trade will be recognised as a profession, with sex workers enjoying protection under the country’s labour laws.
The implication is that sex workers will be liable for tax.
However, the existing provisions prohibits children from being engaged in the profession and child trafficking remains a criminal offence.
Department of Justice and Correctional Services spokesperson Chrispin Phiri told Sunday World that the public and other interested parties will have another chance to make submissions during the parliamentary process.
“The department is in the process of assessing all the public comments submitted during the commenting period.
Once the process has been finalised, the bill will be tabled in cabinet,” said Phiri.
It is currently a criminal offence to sell sex under two separate laws – the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 and the Sexual Offences Act, 1957.
Sex workers advocacy organisations have been pushing for sex work to be legalised, while some religious formations are opposed to the proposed plan.
In 2017, the Law Reform Commission report on sexual offences and adult prostitution noted the practice of selling sexual services is often the result of a choice made in severely limiting socio-economic circumstances, and in the context of social inequality.
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