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.
In March 2012, the ANC Women’s League came out in favor of decriminalisation, and stated that they will campaign for this to become an ANC policy. It is argued that decriminalisation "would challenge the stigma that surrounds sex workers. It would help secure theier human rights and dignity, and make for safer work and living conditions for them." not only so but decriminalising prostitution would limit the power the police have on sex workers and it would stop the police or law enforcers fom taking advantage of sex workers.
In April 2013, the Commission for Gender Equality also stated its support for decriminalization. They argued tat current laws violate sections of the constitution, and that sex workers would be better protected if the law is changed.
Read more about this topic: Prostitution In South Africa
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