Decriminalisation bill aims to protect country’s sex workers

SEX workers could soon ply their trade without fear of arrest as the government seeks ways to mitigate gender-based violence in the industry.

This comes after the Cabinet signed off on public comments for an amendment bill that seeks to decriminalise prostitution in South Africa.

Minister in the Presidency Mondli Gungubele announced this during a post-Cabinet meeting briefing this week.

The Criminal Law (Sexual Offences and Related Matters) Amendment Bill seeks to decriminalise the sale and purchase of adult sexual services.

The bill seeks to respond to several proposals from the national strategic plan on gender-based violence and femicide (GBVF). Once passed into law, it aims to protect sex workers against abuse and exploitation.

“The Cabinet approved the publishing of this bill for public comments,” read the statement from the Cabinet.

“The decriminalisation is indeed a decriminalisation across the sexual community ... it also deals with the issues of abuse, the exploitation of women, it also provides them access to health and a number of other things so that they can be taken care of,” said Gungubele in response to queries from the Weekend Argus.

Phumla Williams, deputy director-general of the Government Communication and Information System said the proposed law would exclude children.

“The decriminalisation excludes children ... I think the bill is very clear that children are excluded,” she said.

“You will be prosecuted if you involve sexual activities with minors.”

Speaking at the South African National Aids Council event marking World Aids Day, deputy chairperson Mmapaseka Letsike said: “I want to commend the government for (approving) decriminalisation of sex work. This is wonderful news and we want to thank the Cabinet for this moment.

“We’re hoping Parliament and our president will do justice to this (bill). We commend you, sex workers, to continue to champion the work.”

Specialist for sex workers’ rights at Sonke Gender Justice Jayne Arnott said the decriminalisation of sex work would create a safe environment for sex workers.

“The decriminalisation of sex work is pivotal to the safety of workers. President Cyril Ramaphosa committed in

March 2019 to decriminalise sex work and to the safeguarding of sex workers’ human rights at the signing of the GBVF declaration,” said Arnott.

“We are sitting with an old piece of legislation that comes from (the) apartheid-era that is criminalising all aspects of sex work because the majority of sex workers are women. We are faced with a situation where they are extremely vulnerable to violence, harassment, abuse and arrest,” Arnott added.

In October, the police in Johannesburg found six bodies at a building in Parktown. It is reported that all six women were sex workers.

A 21-year-old man has been arrested and is facing six counts of murder.

The gruesome incident sparked an uproar among sex workers who called on law reforms to protect those in the trade.