Cape Town - While those who have been battling for years for the decriminalisation of sex work in South Africa may be celebrating a potential victory, others feel that they are already feeling the fallout from a proposed relaxation in the laws.
This follows the gazetting of the recent Criminal Law (Sexual Offences and Related Matters) Amendment Bill for public comment by the Department of Justice and Constitutional Development.
In a statement, Minister Ronald Lamola said, “This follows the view that the ongoing criminalisation of sex work contributes to GBVF (gender-based violence and femicide), 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. Once this bill is passed into law, it will, amongst others, protect sex workers against abuse and exploitation.”
In Cape Town, sex workers have now been spotted in areas where they were previously scarce, and sex activities have become common.
Although areas such as Voortrekker Road in Maitland, Parklands, Kenilworth, and Wynberg are predominantly known as hotspots for sex work, people have been spotted having sex in their cars in Schaapkraal, and sex workers have been seen roaming the streets.
The community vowed to fight this tooth and nail, threatening to shame anyone found involved.
Chairperson of the Schaapkraal Safety Watch, Nawaal Aboordoft, said the incidents increased in the past three weeks “and it’s unacceptable. We can’t allow this in our community. It would set a bad image for our children and damage our reputation. We are not against prostitution, but not in our community’s public spaces.”
Provincial police spokesperson Colonel André Trait, said anyone found involved in such activities can face charges of public indecency.
“Prostitutes are not exempt from the law or prosecution on the basis of their profession,” he said.
Law enforcement spokesperson Wayne Dyason said there are two by laws that deal with this type of behaviour – “the by-law relating to streets, public places and the prevention of noise nuisances, like performing a sexual act in a public place, (and) the coastal by-law prohibiting performing an indecent act in the coastal zone”.
“The aim of these regulations is to shield unsuspecting members of the public, including children, from stumbling across adults performing a sexual act,” said Dyason.
Director and operations manager at National Freedom Network, Marina Reyneke, said through the Stand Against Legal Exploitation South Africa (SALESA) movement, they oppose the full decriminalisation of prostitution in South Africa.
“Full decriminalisation of prostitution is being promoted without any robust research on the prostitution sector. No one has any idea of how many prostituted persons are in the sector through so-called free will versus those who have been forced, coerced and ultimately trafficked.”
She said they’re also against law enforcement officials and SAPS members who harass, exploit, arrest and deport migrant prostituted people, instead of offering support and protection.
Lamola said, “It (is) important to deal with decriminalisation first so as to ensure that sex workers are no longer criminally charged. This will mean greater protection for sex workers. Decriminalisation will destigmatise sex work and enable access to basic services and protection by law enforcement agencies.”
Megan Lessing of the Sex Workers Education and Advocacy Task Force said it would be premature commenting on the bill, but “at least there’s progress in the fight for protection of sex workers. However, it would be important to study and understand the proposal before making any decisions.
“Over the years we’ve been working hard to bring dignity and protect sex work both for the service provider and the client. The two have equal responsibility and are not above the law. We tell our members to abide by the law otherwise they’d be prosecuted. We strongly condemn recklessness, and citizens can inform us if any one is showing unsolicited behaviour.”