South Africa: Sex Workers Tell Minister Police Rape, Rob and Abuse Them

9 December 2022
GroundUp (Cape Town)
By Johnnie Isaac

Bill to decriminalise sex work released

About 200 sex workers gathered at the East London International Centre on Thursday for a dialogue with Deputy Minister for Social Development Hendrietta Bogopane-Zulu about government's plans to decriminalise sex work.

Bogopane-Zulu encouraged all sex workers to read the The Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, which would decriminalise "the sale and purchase of adult sexual services".

She said the bill was currently opposed by traditional leaders and religious groups.

Sex workers told the minister that criminalisation has left them open to abuse by police. They said police rape, rob and harass them.

A male sex worker, who identified himself as Xolani, said he was arrested while soliciting a client. Police searched him and "because they found me with condoms" they locked him in the back of the van. He said they patrolled the whole night with him in the van and then dumped him "in the middle of nowhere".

Xolani also accused police of deliberately locking up arrested gay sex workers with other males in the holding cells, knowing that they will be gang raped.

Another sex worker, who identified herself as Linda, told the minister she has been raped several times by police officers after being arrested.

A sex worker, who identified herself as Thuli, said they are not only victimised by police but also by some clients and members of the community.

Katlego Rasebitse, national organiser for Sisonke National Sex Workers Movement, said police should be focussed on serious crimes not the soft target of sex work.

He said the organisation was fighting for the removal of criminal records.

Bogopane-Zulu said the department will also be lobbying for the expunging of criminal records for sex work.

On Friday, Minister of Justice and Correctional Services Ronald Lamola announced the release of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, which would decriminalise sex work, for public comment. Minister Lamola explained that the government would be taking a "two-step approach", with regulation of the sex work industry following from its decriminalisation.

Minister Lamola said that decriminalisation would "de-stigmatise sex work and enable access to basic services and protection by law enforcement agencies." He said that municipalities would have the power to determine where "solicitation in public spaces" can occur.

Comments are due by 31 January 2023.

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