Cabinet approves bill to decriminalise sex work

SEX workers could soon go about their business without sweating about prosecution, as the Cabinet moved to approve a bill seeking to decriminalise sex services.

Presidency Minister Mondli Gungubele announced the proposal to decriminalise sex work when he presented the Wednesday Cabinet meeting’s outcome yesterday.

The announcement went largely unnoticed and was overshadowed by President Cyril Ramaphosa’s Phala Phala scandal, with most of the questions posed to Gungubele focused on the Section 89 panel’s outcomes.

Ramaphosa’s Cabinet approved the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022.

The bill rescinds the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) to decriminalise the sale and purchase of adult sexual services.

Gungubele said: “The proposals of this bill respond to the list of interventions proposed in Pillar 3 (Protection, Safety and Justice) of the National Strategic Plan on Gender-based Violence and Femicide, which enjoins the criminal justice system to provide protection, safety and justice for survivors of GBVF, and to effectively hold perpetrators accountable for their actions. Once passed into law, it will protect sex workers against abuse and exploitation.”

After approval by the Cabinet, Bills go through public participation and parliamentary processes.

Asijiki Coalition spokesperson Constance Mathe, who has been arrested more than 15 times for sex work, said if the bill was passed, it would allow her to work without fear of arrest; her record would be expunged; and labour laws would recognise sex workers’ line of work.

She said the coalition had been lobbying Justice and Correctional Services Minister Ronald Lamola and his deputy, John Jeffery, and eventually their wishes were fulfilled.

“This is exactly what we wanted, and as we wanted it. In the meantime (before the public participation window opens), we’re going to mobilise our people to get behind the bill,” Mathe said.

Speaking at the SA National Aids Council (Sanac) event marking World Aids Day, Sanac deputy chairperson Mmapaseka Letsike said: “I want to commend the government for (approving) decriminalisation of sex work. This is wonderful news.”

Women in the crowd at the event erupted in ululation.