Sex workers cautiously optimistic as decriminalisation one step closer

For six years, Tiny* has been plying her trade on the dangerous streets of Sunnyside in Pretoria, eking out a living as a sex worker to support her family back home in Limpopo.

Though business is typically good, earning R300 on a bad day and up to R1 500 on an exceptionally good day, her line of work involves dicing with rape, assault, human trafficking and death.

“I have been stabbed, raped and kidnapped but I cannot stop. I just do not have that option because everyone back at home solely depends on me for everything,” she said.

The 29-year-old said the most devastating part about having to earn a living in the way she does is that she has no one to turn to in the case of harm, as the law did not protect her.

Cautiously excited

She was cautiously excited upon learning that, this week’s Cabinet approval of the publishing of a Bill to decriminalise the sale and purchase of adult sexual services meant this was finally about to change.

The Criminal Law (Sexual Offences and Related Matters) Amendment Bill seeks to decriminalise and protect sex workers.

The legislation repeals the Sexual Offences Act (previously the Immorality Act) and Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act to decriminalise the sale and purchase of adult sexual services.

ALSO READ: Talks to decriminalise sex work in South Africa begin

Once passed into law, the legislation will – among other things – protect sex workers against abuse and exploitation.

“I will believe it when it happens but it’s a good thing,” the mother of two said on Friday.

Sex work is currently criminalised in South Africa under Section 20 (1) (a) of the Sexual Offences Act, 1957.

The law states that any person, who has unlawful carnal intercourse or commits an act of indecency with any other person for reward, is guilty of an offence. 

Criminalisation endangers sex workers

According to Sonke Gender Justice, criminalising sex work has been shown to greatly increase sex workers’ vulnerability to violence and illness, particularly HIV, while reducing the likelihood that abuse will be reported.

ALSO READ: Cosatu welcomes Cabinet’s approval of bill to decriminalise, protect sex workers

The organisation has argued that decriminalisation of sex work will not only make sex work and sex workers safer, but will also reduce levels of gender-based violence, and have a far-reaching impact on public health.

Far-reaching

The daily terror sex workers face was thrust into the spotlight in October when six bodies of women, some believed to be sex workers, were discovered in a Johannesburg inner city workshop, heightening calls for decriminalisation of sex work.

In November, Justice and Correctional Services minister Ronald Lamola said the bill on the decriminalisation of sex work will be taken to parliament before the end of this year.

Alison Tilley, an attorney and the co-ordinator of the Judges Matter campaign, said she was immensely excited that the Department of Justice will publish the bill in the government gazette for public comment.

Cabinet approved the publishing of a Bill to decriminalise the sale and purchase of adult sexual services. An important moment in our history. Congratulations to @SweatTweets and all the activists who worked on it, also @JhjSA who was instrumental in this.

— Alison Tilley (@alisontilley) December 1, 2022

“The passing of a bill like this would end an era of making vulnerable people even more so, by making what they do to survive illegal. It will stop police extorting bribes from sex workers,” she said.

According to Tilley, if the bill goes through in its current form, not only will sex work be regulated by the ordinary rules relating to work and businesses, it also means municipal bylaws as well as labour laws would apply.

She said there has been so much work done on this issue since the advent of democracy by so many people, including sex workers, activists, lawyers and policy makers.

“I really hope they all paused for a moment, and reminded themselves that their advocacy mattered, and that their work has made a difference. It’s still a [long] way to go before the bill becomes law, but this is an important milestone.”

According to the South African National Aids Council, there are an estimated 153 000 sex workers in South Africa.

• *Not her real name

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