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South Africa Sex Work News

A spirited group took to the streets, passionately exercising their right to demonstrate through a vibrant display of songs and placards. With chants like ‘My mother was a kitchen girl and my father was a garden boy that is why I’m a sex worker’ and signs proclaiming ‘Sex work is work’, ‘Stop violence against sex workers’, and ‘We are equal’, approximately 50 individuals made their voices heard.

Navigating a circular route from Tzaneen Clinic back to its origin, the group held a poignant ceremony at the clinic. The event delved into crucial topics, including ‘Know your human rights’, spearheaded by Hlokomela’s paralegal officer, Xichavo Rikhotso, alongside Road to Decriminalisation of Sex Work’s Ntshuxeko Shilubane.

Amidst the fervor, organizations such as Sisonke and Hlokomela advocated for the decriminalisation of prostitution, citing its significant economic contributions. Poland Mabunda, a male sex worker from Mariveni village, shared his journey into sex work in 2017 due to challenging circumstances at home. “I love my work, and since starting, I've witnessed positive changes in my household,” expressed Mabunda, who aspires to pursue further education after facing setbacks in Grade 12. “I aim to turn my life around through education.”

The day culminated in a celebratory dance and a nourishing meal, fostering a sense of camaraderie. Amanda Mgimeti, Hlokomela’s advocacy officer, hailed the event as a success for shining a spotlight on the critical issue of decriminalising sex work.

The journey toward achieving sex worker rights has been marked by perseverance, with a rising chorus of voices advocating an end to stigma, abuse, and the criminalization of sex work. In a momentous move, the United Nations Working Group on discrimination against women and girls released a groundbreaking report in October, urging the global decriminalization of voluntary adult sex work.

This report meticulously scrutinizes the divisive debates surrounding sex work, which often overshadow the urgent need for evidence-based policies safeguarding the rights of affected women and girls. Extensive research conducted by Human Rights Watch, reputable academic studies, health journals, anti-trafficking organizations, and insights shared by sex workers themselves consistently highlight that criminalization exacerbates the vulnerability of sex workers to violence, including rape, assault, and even murder.

Recent investigations in 2021 underscored that criminalization not only jeopardizes the safety of sex workers but also undermines the efforts of advocates fighting for sex worker rights. These dedicated defenders often play a crucial role in life-saving anti-trafficking work by negotiating access to brothels, identifying sexually exploited children, empowering survivors with access to justice, offering harm reduction strategies, and enhancing healthcare pathways for individuals deprived of their freedom of movement.

This report marks the seventh occasion where the Working Group has addressed sex work. It has persistently championed the decriminalization of adult sex work in various reports focusing on gender discrimination in health, women deprived of liberty, women's rights in the world of work, poverty, as well as in interventions specifically advocating for criminalized sex workers in Nigeria and South Africa.

Multiple UN agencies, such as the Joint United Nations Programme on HIV/AIDS, the World Health Organization, the UN Population Fund, and the UN Development Program, stand in opposition to criminalization. Additionally, prominent civil society organizations like Human Rights Watch, Amnesty International, and the International Planned Parenthood Federation have presented evidence-based policies in support of decriminalizing adult sex work.

Local advocates for sex worker rights navigate a challenging and often hostile environment marked by defamation, smear campaigns, legal hurdles, and, at times, physical violence and retribution for their activism within their communities. The unequivocal support from one of the leading women's rights bodies within the UN is profoundly significant, signifying a genuine acknowledgment of the voices and experiences of sex workers.

The mounting evidence and the increasing network of institutions embracing a rights-based approach signify a clear path forward. Decriminalization emerges as the crucial step for those committed to upholding the rights and justice for all women, fostering an environment that champions dignity, safety, and empowerment.

Mailola (2023) discussed the criminalization of sex work under the Sexual Offences Act of 1957 as a key issue that affects the rights and safety of sex workers. She argued that sex work should be recognized as legitimate work and that sex workers should be empowered and protected. She also commemorated women’s month and reflected on the progress and challenges of gender equality in South Africa. She addressed various issues such as domestic violence, inclusivity, discrimination, child protection, and poverty, and called for action to create a more just and equitable society for all women.

Lobby groups that support the full decriminalisation of sex trade in South Africa have warned that a temporary halt in pushing through the proposed legislation will have dire consequences for those working in the sector.

Regulation of the sex trade appears to be the government’s final hurdle towards decriminalisation, with the justice department not yet having started a consultation process with relevant stakeholders.

Deputy Minister John Jeffery recently said the proposed Criminal Law (Sexual Offences and Related Matters) Amendment Bill must be revised before final approval by cabinet, which had previously given its nod in November before the bill was opened for public comment in January.

But during his speech last month on the department’s budget vote Jeffery said the state’s law advisers had raised concerns about the bill, which repeals the Sexual Offences Act and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act to decriminalise the sale and purchase of adult sexual services.

The bill also expunges the criminal records of people convicted of participating in, rendering or receiving adult sexual services.

South African Sexworkers

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South Africa is a country in which sex work is legal, and Durban is one of its largest cities. The sex industry in Durban is vibrant and diverse, employing a wide range of people from all walks of life. The industry is largely driven by the demand for sex work, with many sex workers citing the need to support themselves and their families as the primary motivation for their work.

The sex industry in Durban is largely driven by the tourist industry, with many hotels and guest houses employing sex workers for their guests. This has led to a large number of sex workers being based in the city’s central business district, where they can easily access their clients.

The sex industry in Durban is largely unregulated, meaning that sex workers are not subject to any specific laws or regulations. This has led to a large number of South African Escorts being subject to exploitation, with many being denied their rights as workers and being subject to police harassment.

In conclusion, sex work in Durban is a vibrant and diverse industry, employing a wide range of people from all walks of life. Despite this, many sex workers are subject to exploitation due to the lack of regulation in the industry.

Imagine you’re a sex worker and your job is illegal. How safe would you feel? Not very, right? Well, that’s the reality for many sex workers in South Africa, where buying or selling sex can land you in jail. And it’s not just the law that’s against them. They also face violence from clients and even police officers. In fact, seven out of 10 female sex workers said they had been attacked by clients in 2019, and almost six out of 10 said they had been raped. That’s horrible!

But things might change soon. The government is thinking about making sex work legal for adults. That means sex workers could report crimes against them without fear of getting arrested. And it could also make everyone safer. Studies from other countries show that when sex work is legal, there is less sexual violence across society. And it doesn’t mean more people will become sex workers either. That’s what some people worried about when New Zealand decriminalised sex work 20 years ago, but it didn’t happen.

So what do New Zealand sex workers think? Do they feel safer now that their job is legal? We wanted to find out, so we talked to Allan Heta Cleaver, who has been a sex worker for more than 40 years. He knows what it was like before and after the law changed. Watch our TV programme, Health Beat, to hear his story and learn more about this important issue.

You know how it’s against the law to buy or sell sex in South Africa? Well, that might change soon if a new bill to make sex work legal gets passed. Some researchers and activists named Marlise Richter and Monique Huysamen explain what’s in the new law, why it’s good and what still needs to be fixed.

What does the new law say?

If the new law called the Criminal Law (Sexual Offenses and Related Matters) Amendment Bill 2022 gets passed, South Africa will be only the second country in the world to make sex work totally legal. You wouldn’t get in trouble for buying or selling sex anymore. The only other country that does this is New Zealand.

The new law wants to get rid of the part that makes buying and selling sex illegal. It also wants to erase the criminal records of those who got busted for buying or selling sex.

Of course, some people don’t like this bill at all, mostly because they think it’s wrong. They say that either:

  • things should stay as they are now with everything about sex work being illegal; or
  • sex workers should be let off the hook but their clients should still get punished.

This last idea comes from what they call the “Nordic model”—a way of doing things that some Nordic countries like Sweden follow.

You might be wondering why it’s so important to make sex work legal in South Africa.

Women in South Africa have a hard time with a lot of violence against them. Female sex workers have it even worse than other women. A recent study showed that 70% of female sex workers had someone hurt them in the past year. More than half had been raped by their partners, cops, clients or other men. When sex work is illegal, people think it’s okay to hurt sex workers.

Another reason to make sex work legal has to do with health. A lot of female sex workers have HIV in South Africa—much more than the average person.

Sex workers are more likely to get HIV because of the many risks that come with sex work when it’s illegal. Sex workers have sex with many people. Their work is dangerous and not safe. And they don’t have much power to make their clients use condoms or other protection.

Also, some people who work in health care look down on sex workers and treat them badly. This makes sex workers not want to go to health services, including those that can help them prevent or treat HIV.

Getting rid of old laws from the apartheid times would make a big difference for sex worker health and happiness and also for public health.

If sex work was not a crime, clients and cops wouldn’t be able to abuse sex workers. Sex workers would be able to ask for safe sex more often. Cops would have to listen to their problems. Sex workers would also feel more comfortable to report discrimination and rude healthcare workers.

If sex work was legal, people would see it as work. Sex workers would have rights like other workers do. Making sex work legal is especially important for poor black sex workers who come from working class backgrounds. They are the ones who suffer the most from the shame that comes with sex work being illegal.

You might have heard of the Nordic model.

It’s a way of making laws about sex work that some Nordic countries like Sweden and Norway use.

This model says that sex workers shouldn’t get in trouble for selling sex, but their clients should get in trouble for buying sex.

The idea behind this model is that if people can’t buy sex without getting caught, they will stop wanting to buy sex and sex work will go away.

But research in countries that use this model shows that it doesn’t work like that. It doesn’t make sex work safer for sex workers or make it disappear. It also shows that making clients illegal is bad for sex workers’ health.

When buying sex is illegal, sex workers don’t have enough time to check if their clients are safe or not and clients can force them to do things they don’t want to do in places they don’t feel comfortable.

South Africans know very well why the government shouldn’t tell people who they can have sex with. The old apartheid government used to ban people from having sex with someone of a different “color” or the same “sex”. South Africans said no to that when they got democracy. But this same law still exists for adult, consensual sex work.

Hey, do you know what’s going on with the sex work bill? I think it’s a good idea to make it legal for people to pay for sex. Let me tell you why.

We did some research and we found out that most people who buy sex are men, but they are not all the same. Some of them are mean and hurt sex workers. But many of them are nice and respectful. Some sex workers even say they have good relationships and agreements with their clients.

When we asked these men if they ever did anything bad to sex workers, most of them said no. They said they don’t like violence and they don’t want to harm sex workers.

So we think that if we let these men pay for sex without getting in trouble, it would be good for everyone.

First of all, we could ask some of these nice men to talk to other men who buy sex and teach them how to be respectful and safe.

Secondly, we could also ask these men to report any bad things they see in the sex industry, like people being forced or kids being involved.

Thirdly, we could help these men stay healthy and prevent HIV. If more of them take medicine that stops HIV from spreading, it would stop a lot of new infections in our country.

Some people say that we should follow the Nordic model and put these men in jail for buying sex. But I think that’s wrong and unfair. It makes these men look like monsters when they are not. It also makes it harder for everyone to stay healthy and safe.

That’s why I think we should pass this bill as soon as possible.

It will make sex work safer and better for everyone involved. And it will make our society more peaceful and just.

 

Responding to the decision of South Africa's Cabinet to propose a Bill that will repeal criminalisation of sex work, UNAIDS Country Director Eva Kiwango said:

"The evidence is clear: Criminalisation has been proven to have increased the risks faced by South Africa's sex workers, hurt their health and safety, and obstructed South Africa's HIV response.

UNAIDS welcomes South Africa's Cabinet's proposal to repeal criminalisation and to protect sex workers against abuse and exploitation.

Criminalisation has impeded South African sex workers' access to vital health-care services, including effective HIV prevention, treatment, care and support services.

To end AIDS, we need to repeal the harmful punitive laws which are perpetuating the pandemic. To save lives, decriminalise."

Cabinet has approved the publishing for public comment of a bill aimed at the decriminalisation of the sale and purchase of adult sexual services. The bill repeals the Sexual Offences Act and Section 11 of the Criminal Law Amendment Act.

Minister in the Presidency Mondli Gungubele said on Wednesday that cabinet has approved the publishing of Sexual Offences and Related Matters Amendment Bill of 2022 for public comment.  

 

The bill includes decriminalising the sale and purchase of adult sexual services. 

Briefing the media on this week’s cabinet meeting, Gungubele said the bill is meant to protect sex workers. 

“The decriminalisation across the entire sex community is aimed to deal with the issues of abuse and exploitation of women or men. It also provides them access to health so that they can be taken care of and be protected like any other South African. 

“However, on the other side, if a child is involved, it does not apply because that would be statutory rape.” 

Experts have expressed doubt over whether the Bill to decriminalise sex work in South Africa will be tabled before parliament by the end of the year.

Acting Chairperson of the Commission for Gender Equality (CGE), Nomasonto Mazibuko, said they support the process. “We are still doing a lot of the work to decriminalise sex work,” 

However, CGE Commissioner Dibeela Mothupi said they were unsure when the Bill would be tabled in parliament.

“There have been consultations and engagements with the Deputy Minister on the issue. There is progress towards ensuring that sex work is decriminalised in SA to ensure that sex work rights are protected,” said Mothupi.

Sex work remains a crime punishable by law, contributing to the violence experienced by sex workers. 

The South African Government has been looking at decriminalising sex work for over twenty years. It has always hesitated to act. Decriminalisation would give sex workers access to Labour Rights. The Government has fears that decriminalisation would lead to a spike in prostitution and the possibility of child prostitution.

These fears do not warrant inaction. Decriminalization is the only way to protect sex workers from abuse and violence.  Sex work is by no means a popular career choice, so decriminalisation is unlikely to cause a surge in sex work. People are mainly forced into sex work through economic circumstances.

Plans are being made, according to Hendrietta Bogopane-Zulu, deputy minister of social development, to decriminalize sex work by 2024.

Many sex workers in the Northern Cape claim that the prolonged criminalization of their profession puts lives in danger and violates their right to a living.

The continued conversations with sex workers, according to Zulu. On Wednesday in Kimberley, she spoke to sex workers and several civil society organizations.

The Bill should be presented to Cabinet later this year or early next year, and as part of our discussions with sex workers, we are including their feedback into the draft Bill. After that, the Bill will be made available for public review.

The African National Congress (ANC) said on Friday the decriminalisation of sex work was too sensitive a societal subject to be implemented without due care.

The organisation resolved to implement the resolution at its 2017 national conference, citing a need to protect sex workers from abuse and stigma.

The debate over the decriminalisation of sex work in South Africa has been raging for years, with the ANC initially rejecting it at its 2017 policy conference, only to endorse it a few months later at the 54th national conference. Civil society and organisations promoting the trade have pushed for its decriminalisation, explaining that keeping it criminal creates fertile ground for sexual abuse and extortion in the industry.

A number of activists are demanding answers from the commission on Gender Equality.

They said this was despite the commission’s adopted official standing position in support of the decriminalisation of sex work in 2013, including a statement it released in March reiterating its support for the decriminalisation of sex work.

Asijiki national co-ordinator Constance Mathe, said they were concerned about this recently established committee of unidentified members which she said was formulated behind closed doors, and aimed at revisiting the commission’s position on issues such as sex work, termination of pregnancy and the rights of persons who do not identify as heterosexual and/or cisgender.

Decriminalising sex work in South Africa, A five-minute news cast from eNCA about the decriminalising sex-work symposium held in Durban.

There is hope that by 2024 sex work will be formalised following calls of decriminalisation of the sector at the Symposium.

The Symposium was held at the Olive Convention Centre id Durban. The theme was Sex Workers’ Rights are Human Rights

Civil organisations and the South African Government participated in the discussions. The main topic was the decriminalization of sex work and destigmatization of the occupation.

In South Africa criminalisation of prostitution started in 1975 when the colonisers wanted the police to control women's bodies. It is now 2022 and it is time the government revisited the law.  Criminalisation has impacted South African escorts and prostitutes, making it hard for them to report crimes, such as rate, violence and non-payment.

The Commission for Gender Equality has welcomed the ongoing talks on the possible decriminalisation of sex work in South Africa. The Department of Justice and Constitutional Development has been holding consultative meetings on the matter.

The Commission’s spokesperson Javu Baloyi says, “We are saying let’s decriminalise this thing so these people can operate freely in the interim. Some of them are coerced into sex work. Now we will be able to assist them so they can access health services. We can also help rehabilitate some of them who were forced. When it is a choice, then there is a perception that is there, so we wanted to protect their rights.”

Sex workers, activists and allies march in protest through Johannesburg. They are asking the government, and the city of Johannesburg specifically, to decriminalise sex work. Because South Africa sees their profession as illegal, sex workers are often left without rights, leaving them vulnerable to crime and violence, and without medical and security services.

Cape Town - The Sex Workers Education and Advocacy Task force (Sweat) has called on Police Minister Bheki Cele to intervene in the alleged abuse of power by police after 57 workers were arrested across the country in the past week.

According to Sweat, none of the sex workers was officially charged with anything related to sex work, however 28 migrant sex workers were charged under the Immigration Act and appeared in courts in Germiston, Polokwane and Pretoria on Tuesday.

The Sex Workers Education and Advocacy Taskforce (SWEAT) and Sisonke, the National Movement of Sex Workers add our voices to many others calling on the government to act decisively on the escalating rate gender-based violence and femicide (GBVF) in South Africa. Much has been said about the ‘surge’ in GBV cases in SA since the lockdown and the horrific murders of women across the country, but the Coronavirus pandemic and lockdown only amplified the violence meted out to the women in this country.

Women sex workers are 18 times more likely to be murdered than any other woman and the violence that sex workers experience is pervasive, be it :  violent clients, intimate partner violence, police brutality or stigmatisation. We have recorded many cases since the start of the lockdown. These are just a selection

 

Lydia, 44, said they are well-informed about the coronavirus and they all carry sanitisers to clean their hands and bodies.

"Before servicing a client, I undress and apply sanitisers on my thighs, and torso. We are dealing with different people every session and we need to protect ourselves from Covid-19," said Lydia.

However, she said clients didn't want to provide contact details for contact tracing - in case they test positive.

Lydia hails from Welkom in the Free State and has been working as a sex worker for the past 15 years.

A 39-year-old sex worker died in police custody in April this year. Now, two investigations have been opened into her death by alleged suicide. She is the 12th person to die following police action during the lockdown.

A joint statement calling for an investigation into her case was issued by the Sex Workers Education and Advocacy Taskforce (SWEAT), Sisonke, the National Movement of Sex Workers and the Triangle Project.

“The news of Robyn’s death is devastating. We knew her as a passionate activist aware of her rights. Those who interacted with her prior to her arrest remember her as being upbeat, and the reports of an apparent suicide are baffling,” the statement read. 

Hours before the lockdown was set to commence at midnight on Thursday 26 March, the Sex Workers Education and Advocacy Taskforce (SWEAT) and Sisonke, the national movement of sex workers, in a statement said this “drastic decision” translates into many uncertainties for unskilled workers including sex workers.

The organisations said it was not clear if they will be prioritised in the government’s support plans, given that President Cyril Ramaphosa said, “we are going to support people whose livelihoods will be affected”. 

Sex workers in South Africa have called on President Cyril Ramaphosa to add them to the Temporary Employee Relief Scheme because they have also been hit by the coronavirus pandemic. They said they can’t fend for themselves because they’re currently out of business.

This was made known in a joint statement by the Sex Workers Education and Advocacy Taskforce (SWEAT) and the National Movement of Sex Workers, Sisonke, according to News24.

My clients are both men and women. They found having to wear gloves and masks fun and an interesting way to have sex," says Joseph who has been a sex worker in Cape Town for eight years.

During the lockdown, non-essential service workers will have to stay indoors and avoid contact with others for 21 days.

While workers from other sectors can apply for relief to the Unemployment and Insurance Fund (UIF) for loss of income, sex work is not recognised legally by the state.

For now, Joseph has moved to market his services online to international clients, which he hopes will help bring in some extra money to feed his family.

Note: South Africa is currently in lockdown. Travelling outside your house to have sex is strongly discouraged. Virtual sex is safe.

The deadly Coronavirus’ deadly effect is being felt by ladies of the night all over South Africa. The thigh vendors are now complaining about the decline in business since the first case was reported in South Africa.  The once-booming industry has suffered a downturn as customers are avoiding contact with the ladies of the night.