Commission for Gender Equality welcomes comment period for bill to decriminalise sex work

Durban - The Commission for Gender Equality (CGE) has welcomed Minister of Justice and Constitutional Development, Ronald Lamola’s announcement of the Sex Work Bill being published for public comments.

On Friday, Lamola announced that Cabinet had approved the publishing of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 regarding the decriminalisation of sex work for public comment.

The bill repeals the Sexual Offences Act (previously Immorality Act), 1957 (Act No. 23 of 1957) and repeals Section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) to decriminalise the sale and purchase of adult sexual services.

The CGE said the bill marked significant progress towards the decriminalisation of sex work in South Africa.

It said it had always maintained that the criminalisation of sex work went against the human rights of sex-workers in South Africa.

“It is our resolve that sex-work must be dealt with through economic and social interventions rather than criminal law. The continued criminalisation of sex-work exposes traders to various forms of risks and abuses from the public and members of the police service.”

The CGE said any regulation of sex-work and sex-workers in South Africa must follow a human rights approach that will deliver:

• freedom and right of choice of work;
• freedom for sex workers to form unions and enable sex workers to challenge unfair labour practices;
• freedom from discrimination;
• the right to the highest attainable standard of health;
• freedom and security of the person including the rights to be free from arbitrary arrest and detention, right to be free from violence and the right to bodily and psychological integrity.

Lamola said the Bill follows a two-step approach to sex work.

“It does not decriminalise and regulate the industry all at once. It deals with decriminalisation only, with regulation to follow at a later stage. It was thought to be important to deal with the decriminalisation first, so as to ensure that sex workers are no longer criminally charged.”

A copy of the Bill is available on the website of the Department at http://www.justice.gov.za

Comments on the Bill must be submitted to the Chief Directorate: Legislative Development on or before January 31, 2023.

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