Prostitution in South Africa
Encyclopedia
Prostitution in South Africa has been illegal since the 1957 Sexual Offences Act (SOA), and the purchase of sex was added as an offence in a 2007 amendment. However, it remains common.
The Criminal Procedure Act 51 of 1977 also contains provisions relating to prostitution as do municipal by-laws. The most recent legislative change was the Sexual Offences Amendment Act 2007, section 11 which in addition criminalises clients.
Decriminalisation has been under active discussion since 1994. Currently the South African Law Reform Commission has four proposals that were submitted for public discussion ranging from criminalisation to decriminalisation.
However this generated considerable opposition.
There was little evidence of increased prostitution, and no changes were made to the laws.
Legal and regulatory framework
Section 20(1)(aA) of the SOA 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.The Criminal Procedure Act 51 of 1977 also contains provisions relating to prostitution as do municipal by-laws. The most recent legislative change was the Sexual Offences Amendment Act 2007, section 11 which in addition criminalises clients.
Decriminalisation has been under active discussion since 1994. Currently the South African Law Reform Commission has four proposals that were submitted for public discussion ranging from criminalisation to decriminalisation.
Health and well-being
Sex workers have been blamed for contributing to the spread of AIDS and other sexually transmitted diseases.World Cup moral panic
Because of fears of increased prostitution in connection with the 2010 Football World Cup, there were calls for prostitution to be legalised and regulated to help control AIDS and STDs and for the protection of the sex workers.However this generated considerable opposition.
There was little evidence of increased prostitution, and no changes were made to the laws.
External links
- ISS report on prostitution in Cape Town: 'Selling Sex in Cape Town. Sex Work and Human Trafficking in a South African City'
- The International Encyclopedia of Sexuality
- US State Department 2006 Country Reports on Human Rights Practices: South Africa
Migration and trafficking
- UNESCO. Human Trafficking in South Africa: Root Causes and Recommendations
- Stop Child Trafficking
- Cape Town promotes sex tourism
Minors
Research
- Sexual Violence Research Initiative: Prostitution in South Africa: Developing a Research Agenda
- Schoub BD, Martin D, Smith AN, Lyons SF, Padayachee GN, Naidoo S; Int Conf AIDS. 1989 Jun 4-9; 5: 1018 (abstract no. Th.G.P.15). The role of female prostitution in the heterosexual AIDS epidemic in South Africa
- Luiz and Roets: On Prostitution, STDs and the Law in South Africa: The State as Pimp. Journal of Contemporary African Studies, 18,1, 2000
Law
- Liesl Gerntholtz: Sex work and the law in South Africa – hit and miss?
- Wojcicki, Janet M. by Movement to Decriminalize Sex Work in Gauteng Province, South Africa, 1994-2002. African Studies Review, Dec 2003
- ISS/SWEAT submission to SALRC June 2007
- Women's Net: Decriminalisation of sex work