Unlike in countries such as New Zealand, in South Africa, sex work is regarded as illegal and is a criminal offence under the Sexual Offences Act of 1957.
Under this act, sexual workers can be arrested while working or running a brothel.
The amended Sexual Offences Act of December 2007 includes a clause that criminalises the clients of sex workers.
This means clients can be arrested and charged.
However, according to Dianne Massawe of the Braamfontein-based organisation Sex Workers Education and Advocacy Taskforce (Sweat), sex workers are not usually arrested in terms of the Sexual Offences Act because it is hard to enforce.
Instead, the police allegedly use public nuisance bylaws to arrest and fine sex workers.
These bylaws include:
- Loitering and loitering with the intent to sell sex –these laws ban anybody from sitting, standing or hanging around a street or public place
- Laws against public indecency (for example, flashing)
- Laws against noise
- Laws against littering (for example, throwing used condoms on the ground)
- Laws against urinating or defecating in a public place
According to Massawe, “The right of every South African to choose their trade, occupation or profession, as guaranteed in the Constitution is denied to sex workers because their work is currently illegal.
“We are pushing for law reform and bylaws that will work for both sex workers and the government. Criminalising sex work will not remove sex workers from the street. We have instead seen an increase in human rights violations of sex workers, which goes against the moral fabric of society, the Bill of Rights and the South African Constitution,” she said.
Sweat is fighting for:
- Sex work to be seen as work like any other job
- Sex workers to register and pay tax
- Regulation of the sex work industry
“This will give sex workers legal recourse because police target sex workers for free sex and bribery. Right now when you speak back at a police officer you risk being abused, assaulted and being locked up.”
According to Massawe, when industries are criminalised, criminality then links to it.
“I once received a call from a client who said he was at a brothel and he noticed that some of the girls there were underage. Currently, the law criminalises the client so a lot of underage sex work and other crimes go unreported because people are scared of being arrested.”
Addressing the issue of sex work and HIV/Aids Massawe said the government must ensure that asking a sex worker for unprotected sex is illegal.
Do you agree with these views?
Details: Sweat 24 Hour Helpline: 0800 60 60 60.
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