Lamola details progress made in decriminalising sex work in SA
Minister in the Presidency Mondli Gungubele last week announced that cabinet had approved the publishing of Sexual Offences and Related Matters Amendment Bill of 2022 for public comment.
The bill includes the decriminalisation of sex work.
"Sex work is driven by a complex intersection of social and economic factors in which poverty, unemployment and inequality are key drivers, “ Justice Minister Ronald Lamola said on Friday.
Lamola provided an update on government’s effort to decriminalise sex work at a briefing in Pretoria.
He said the bill contains a number of measures, including an onus on the justice system to provide protection, safety and justice for survivors of gender-based violence, and to hold perpetrators accountable for their actions.
"One of the key activities under Pillar 3 is ‘finalisation of legislative process to decriminalize sex work – fast-tracking and promulgation’. This follows the view that the on-going criminalisation of sex work contributes to GBVF as it leaves sex workers unprotected by the law, unable to exercise their rights as citizens and open to abuse generally, not least when they approach state facilities for assistance.”
Lamola explained that municipal bylaws will provide direction on where sex work would be allowed.
"With regards to regulation, municipal bylaws would still be able to provide where solicitation in public spaces may or may not take place. For example, prohibiting the selling of sex in certain areas. This is similar to the prohibition on the location of taverns and shebeens, where there can be restrictions imposed to prohibit trade in residential neighbourhoods, near schools and/or religious buildings.”
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Deputy Justice Minister John Jeffery says the objections of various religious organisations will need to be taken into account as well.
"There are people who oppose decriminalisation, specifically religious leaders. We have had an engagement through the South African Council of Churches with religious leaders, as this concerns on issues of God’s law.
“But there is an issue of adultery is against God’s law and adultery is no longer a crime in society and it hasn't been for some time. So, we need to look at religious aspect and versus the reality aspect of what is happening in the country and what has been happening for some time.”
