SALE!SA calls for partial decriminalisation of sex work

Parow. 01032022. A street worker plying her trade near a church in Parow. | Ian Landsberg

Parow. 01032022. A street worker plying her trade near a church in Parow. | Ian Landsberg

Published Jul 27, 2023

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Johannesburg - SALE!SA says that since the announcement by Deputy Minister of Justice and Constitutional Development, John Jeffery, that the ‘’Prostitution Bill’’ will not be tabled due to concerns around its constitutionality, we must usher in discussions around partial decriminalisation.

According to the organisation, the bill was suggesting ‘’decriminalising sex work,’’ which, more accurately, refers to the full decriminalisation of prostitution.

‘’This would mean decriminalising not only prostituted persons but also those who exploit them — the facilitators, pimps, brothels and sex buyers.’’

‘’As SALE!SA, we have been taking a strong stand against the full decriminalisation of the prostitution system, and we continue to advocate for the protection of Prostituted Persons. They are daughters, sisters, and mothers who are being exploited,’’ added SALE!SA.

The civil society organisation said that some are also young boys, brothers, fathers, and sons, with many not realising that they are being trafficked or exploited as the System inflicts physical and psychological harm.

‘’The prostitution system is the problem as it feeds on people’s vulnerabilities. Prostitution fuels inequality, gender-based violence, male entitlement, lawlessness, and public decay. Furthermore, the words 'sex work’ are offensive to the survivors of prostitution as well as to many prostituted persons still in the System. Full decriminalisation of prostitution will remove the basic Human Rights of those being exploited," added the organisation.

They did, however, call for a partial decriminalisation of prostitution.

‘’This will be a just response. It is based on equality: women and those selling sex are part of a system and marginalised communities due to joblessness, lack of education, poverty, and other circumstances. They need protection,’’ explained the organisation.

SALE!SA said that the government should focus on the root problem, which is consumer-level demand—the root cause being the exploiters.

‘’Partial decriminalisation is already being practised successfully in other countries, such as Ireland, Sweden, Norway, France, and Canada. The bill is being postponed until the next administration, following the general elections in 2024.’’

"The Deputy Minister said that it remains high on the government’s Human Rights agenda and that they will be engaging with various role-players. We call on the government to include role players who also work on the front-lines and who are survivor-informed,’’said SALE!SA.

The organisation said that the withdrawal of the bill to fully decriminalise prostitution was a move in the right direction.

‘’However, the SA government has to focus on providing new and true rights to prostituted persons, which are the right to be protected and the right to alternatives to prostitution.’’

‘’Full-decriminalisation of Prostitution will cause a ripple effect within multiple arenas in South Africa, such as Social Development and Home Affairs,’’ said the organisation.

The Star

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sex work