The Primrose CPF found itself in hot water after the Sex Workers Education and Advocacy Task Force (SWEAT) sought an urgent interdict against the forum.
In March SWEAT applied for the interdict against the CPF, and to a lesser extent the Primrose police, in the Pretoria High Court on behalf of the sex workers working in Primrose, who feel their human rights are being violated.
It was further reported in the application that the CPF, Sector Three chairperson Tracy Enslin and its members are systematically and unlawfully assaulting sex workers in the Primrose community.
This included violently harassing sex workers, threatening harm to the sex workers using snakes and dogs, driving towards sex workers in their vehicles as if to run them over, beating sex workers with sjamboks and sticks, verbally abusing sex workers and taking their photographs and posting them on social media sites.
The CPF has denied any wrongdoing.
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Stacey Manoek, a SWEAT attorney, explained, “Sex workers in the area submitted the complaints to SWEAT and Sisonke, the national sex workers movement.
“In addition, an employee of Networking HIV and Aids Community of South Africa (Nacosa), Leora Casey, personally witnessed the CPF taking photographs and harassing sex workers in Primrose and notified SWEAT and Sisonke.”
Before approaching the court, Sisonke and Casey met with Enslin and raised their concerns with her.
“Enslin suggested a meeting be held to discuss the matter further, but we decided not to engage further as there was a concern that nothing constructive would come out of the meeting as Enslin had already insisted that the CPF would continue with their mandate.
“SWEAT submitted a letter of demand to the CPF to request an undertaking that all harassment and assaults would stop, but never received such an undertaking from the CPF, hence we had no choice but to approach the court for an interdict on an urgent basis,” said Manoek.
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The GCN spoke to SWEAT to understand more about the interdict.
Manoek explained that through the notice of motion, SWEAT requested the following:
• That the Primrose CPF’s “Operation #TakeBackOurPrimrose” to the extent that it unlawfully targets sex workers be declared unlawful.
Interdicting and restraining the Primrose CPF. This includes the Primrose CPF in Sectors One, Two and Three or any part thereof, and its members, from assaulting sex workers in the Primrose area, including but not limited to:
• Threatening harm to sex workers using snakes, dogs or any other animal.
• Threatening harm to sex workers by attempting to drive towards them with a motor vehicle.
• Harassing sex workers by chasing them out of the Primrose area.
• Intimidating sex workers in order to drive them out of the Primrose area by following, surveying and monitoring them without just cause.
• Taking pictures and videos of sex workers without just cause and for unlawful and ulterior purposes.
• Verbally abusing and verbally assaulting sex workers in the Primrose area.
• Inciting any of the aforementioned conduct.
“The CPF’s conduct is unlawful.
“It also violates the constitutional rights of sex workers to be free from all forms of violence from either public or private sources; not to be treated in a degrading way; to have their dignity respected and protected; and to equality before the law and equal protection and benefit of the law,” said Manoek.
Though the Primrose police were cited in this interdict, SWEAT has not asked for any relief from them.
During a court appearance on March 23 it was ruled that the parties, for a period of 15 days from the date the order was issued, needed to engage in order to resolve the issues between them.
It was ordered that the parties needed to meet no less than four times for meaningful engagements with the aim of resolving the matter out of court.
In a signed order between SWEAT and the CPF it was stated that during the 15 days the CPF would undertake not to:
• Threaten harm to sex workers using snakes, dogs or any other animal.
• Threaten harm to sex workers by attempting to drive towards them with a motor vehicle.
• Verbally abuse and verbally assault sex workers in the Primrose area.
• Pepper-spray sex workers.
• Beat sex workers.
During this time SWEAT agreed to endeavour to engage with sex workers in the area to refrain from similar actions.
If in the event the parties could not come to a resolution, they would then be able to approach the court once again.
The Primrose CPF made it clear that they will not back down against SWEAT, but denied any claims that they had harmed or threatened sex workers in the area.
“CPF members have had accusations made against them by sex workers,” said Enslin.
“We have not and will not threaten or cause harm to sex workers, using dogs, snakes or other animals, by attempting to drive towards them with motor vehicles, verbally abusing or assaulting them, pepper-spraying them or beating them.
“We request that the community please stay within the confines of the law and do not take the law into their own hands when asking sex workers to leave their streets and pavements.”
Enslin further stated that CPF members and the community may take videos and photos in a public domain, but stressed that these should only be sent privately to her on 060 971 8237.
When responding to reports, Enslin stated, “These sex workers all made out affidavits on the same morning regarding assaults and intimidation from the CPF; however, there are no cases opened or made against any CPF members at any police station. This can be checked with the Primrose SAPS.
“These women are committing illegal offences in a residential area in front of our houses, children and schools.
“Most of them are drug addicts and work with pimps who have threatened to kill CPF members and their families if we do not allow their sex workers to work on our streets.
“The sex workers urinate, defecate and leave dirty condoms and sanitary pads on our pavements in full view of anyone walking or driving past, and become aggressive with community members if asked to move off their pavements where the children are walking and playing.
“I invite you to at any time come and drive with our patrollers to see what we have to deal with.
“The sex workers continually swear at us, call us vulgar names, spit at us or on our vehicles, expose themselves to us and then laugh as they find it all a big joke, while their pimps threaten our lives continuously.
“Our #TakeBackOurPrimrose campaign was our way of asking the community to assist in getting rid of crime – all crime – and the only way to do this is to get the community involved.
“If you read our campaign message it stated that people should report all crime to members of the CPF and that it would remain confidential,” Enslin said.
The parties met on Thursday for the first part of the mediation. The main aim of the meeting was to outline the issues and the logistics regarding the mediation.
The mediation itself will go ahead this week.
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