Sex workers hopeful government’s decriminalisation plans come to pass

Last week, Cabinet announced that a bill to decriminalise sex work would be published for public comment. If brought into law, the ​​Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 would decriminalise “the sale and purchase of adult sexual services” by repealing Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act, 2007.

GroundUp spoke to sex workers about the possible decriminalisation of their livelihood, and how it would affect their lives.

“We have been advocating decriminalisation for over two decades,” said Constance Mathe, a sex worker and national coordinator of the Asijiki Coalition, which advocates for sex work’s decriminalisation. “The issue doesn’t affect the sex workers alone but society as a whole.”

In October 2002, the Constitutional Court delivered its decision in Jordan v State, which found that the state was entitled to criminalise sex work. This was a split decision, with five of the eleven justices putting their names to a dissenting opinion in favour of decriminalisation. The effect of this ruling was to place the responsibility for decriminalising sex work in Parliament’s hands.

Since then, sex workers and human rights groups have campaigned to have parliament repeal laws that criminalise sex work. For Mathe, like many sex workers, decriminalisation is a life-or-death issue.

“I am very happy because as a sex worker, I was living in fear for my life. I am a target to the police, I am a target to the society. I am rejected by the family and discriminated against by every one. But now if my work is being recognised by the government, I can gain constitutional rights,” said Mathe.

“This decriminalisation bill we are calling for will benefit the new generation too. Sex work is an old profession that will never fade. Many sex workers have died and this bill will save many lives.”

Joanna*, 38, has been a sex worker for 17 years and is a member of the Sex Workers Education and Advocacy Taskforce (Sweat). She says discrimination against sex workers is a big challenge.

“The bill means a lot to us,” she said. “We have criminal records against our names. Even if I think of quitting [sex work], my criminal record can’t be erased. As sex workers, the bill will allow us to gain our freedom.”

Joanna wants the government to go beyond decriminalisation and for the sex industry to be recognised by the Department of Employment and Labour.