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South African Prostitution Bill – Delayed

Sex Workers Rights in South Africa are changing for the better with a new South African Prostitution Bill.

Are Escorts legal in South Africa?

The Sexual Offences Act and the Sexual offences Amendment Act of South Africa criminalises sex work and its related activities, such as the keeping of brothels, trafficking of people as prostitutes, soliciting of prostitutes and living off of the earnings of prostitution.

South Africa has a long history with prostitution and criminalizing those involved. In colonial times Sex Workers were branded as “disease spreaders”, the apartheid government saw it as anti-Christian, and in 1994 the constitution of South Africa was changed to suit the new democracy but did not change laws regarding sex work.

However criminalizing adult consensual sex, including the commercial exchange of sexual services, is incompatible with the human right to personal autonomy and privacy.

No Democratic Government should be telling consenting adults who they can have sexual relations with, and on what terms.

What is the difference between Legalization and Decriminalization?

It is important to understand that legalization and decriminalization are NOT the same.

Legalization still leaves sex workers at risk of punishment if they do not meet legal requirements and regulations, plus Municipal by-laws will always apply, ie. Selling outside a Church or School, Sex with minors or the mentally disabled.

Decriminalization/Decrim – Removal of unfair or prejudicial treatment or laws against people and groups based on race, gender, age, or sexual orientation. Consenting adults who buy or sell sex are not committing a crime and providers are free to operate as they see fit.

Legalisation – When sex work is legalised, licensed, or regulated it means it’s only permitted under licence, in certain circumstances in restricted areas, times etc. People who buy or sell sex outside of the rules would be breaking the law and subject to arrest. These rules often make #SW more difficult and dangerous because workers are forced to work in ways they normally wouldn’t.

According to Human Rights Watch (https://hrw.org), “decriminalising sex work enhances sex workers’ legal protection and their ability to access key rights, such as justice and healthcare. Legal recognition of sex workers and their occupation maximises their protection, dignity and equality.”

Adult Services List SA Corrupt police — SA Corrupt police

Why is South Africa “legalizing” prostitution?

Crime and Violence against Sex Workers
It has been consistently found in research that “criminalisation makes sex workers more vulnerable to violence, including rape, assault and murder by attackers who see sex workers as easy targets, because they are stigmatised and unlikely to receive help from the police”.

Sex workers in South Africa say they do not report armed robbery, assault or rape to the police – because their work is illegal. Their experience with the S.A.P (South African Police) is that of brutality, bribery, blackmail, harassment or arrest. Sex workers are not willing to testify in court for fear of facing further abuse because of their work and status.

Health Risks
The majority of Street Sex Workers in South Africa do not carry or use condoms for three main reasons:
Tribal beliefs that condoms are the root cause of H.I.V.
Tribal beliefs that sex is not sex unless it is “skin to skin”.
Possession of condoms is proof that they are breaking the law.

A recent survey of Sex Workers in the countries’ capital, Pretoria found that 50% of Sex Workers tested were already infected with the H.I.V virus.

Southern Africa is still in the grip of an H.I.V epidemic, providing Sex Workers with better healthcare and education can only aid the region in combatting this virus (amongst others).

Extreme Poverty
South Africa has one of the highest unemployment rates in the world, it is estimated that around 40% of the population is currently unemployed.

It is easy to see why South Africa has severe problems relating to extreme poverty, unhealthy living conditions, escalating crime, corruption, disease and population growth.

Human Trafficking
South Africa is a hub for human trafficking as it is in an ideal position geographically and financially in Africa. We are seeing an increase in parents pimping their children for money and sophisticated gangs prostituting and selling children.

South Africas population explosion graph

The new South African Prostitution Bill

The Criminal Law (Sexual Offences and Related Matters) Amendment Bill, was submitted in December 2022 and is currently open for public comment, this bill will decriminalize the sale and purchase of adult sexual services in the country.

Edit: 21 June 2023 – The S.A. Prostitution Bill is withdrawn.

The Bill decriminalizing sex work in South Africa has been temporalily withdrawn until after elections in May 2024.

Why was the S.A. Prostitution Bill withdrawn?

The S.A. Prostitution Bill was withdrawn on 21 June 2023.
State Law Advisors argued that the Bill may not pass constitutional muster if it does not provide for the regulation of sex work. A revised Bill will have to be submitted to the new Administration in 2024.

The regulatory framework for the redrafted Bill is centered on the protection of sex workers, alignment with the Constitution & existing labour laws.

Julian K