Are Brothels Legal in South Africa

In 2017, a report by the South African Law Reform Commission (SALRC) on adult prostitution recommended partial decriminalisation: a single person who buys sex would act illegally. This position is supported by Embrace Dignity – an organization that works to end prostitution – but opposed by sex workers` rights groups. Gender-based violence (GBV) is an injustice that affects women and girls worldwide, with South Africa recording some of the highest rates of sexual violence in the world. Violence against sex workers – women, transgender and men – is particularly pronounced, and research shows that one-third to one-half of all sex workers have experienced violence in the workplace in the past year. A legal framework that criminalizes sex work has been shown to significantly increase sex workers` susceptibility to violence and disease, particularly HIV, while reducing the likelihood of abuse being reported. Unlike sex workers, it is unusual to find male sex workers on the street. Most male brothels have closed, so sex workers advertise their services online. Together with key partners such as the Sex Workers Education and Advocacy Taskforce (SWEAT) and the Sisonke Sex Worker Movement, Sonke is committed to decriminalising sex work in South Africa by raising awareness of human rights violations suffered by sex workers within the outdated criminal justice framework. Media engagement and advocacy is used as an important advocacy tool. The Sex Workers Education and Advocacy Task Force (SWEAT) is a South African-based group that has worked to decriminalize and ultimately legalize sex work. They also provide health services to sex workers because they do not have access to them elsewhere. They have launched various awareness programs on issues facing sex workers, such as Sex Work Empowerment and the Enabling Environment (SWEEP), #SayHerName, advocacy and law reform, and the Sisonke movement. [22] “I am ashamed of my community, even my family,” rugara says.

Ultimately, “it`s like any other type of work,” but because it`s illegal, “people don`t see it as work,” he says. South Africa criminalizes all aspects of sex work, which means that the sale and purchase of sexual services is illegal. In the past, sex workers were among the most marginalized populations in South Africa and are vulnerable to exploitation, abuse and disease (particularly HIV and other sexually transmitted diseases). The decriminalisation of sex work – the abolition of criminal law and the implementation of a rights-based approach to certain aspects of sex work – will not only increase the safety of sex work and sex workers, but will also reduce GBV and have far-reaching implications for public health. There were fears of an increase in prostitution linked to the 2010 World Cup, with some sources estimating that an additional 40,000 sex workers would enter South Africa for the competition. [27] As a result, calls have been made to legalize and regulate prostitution in order to control AIDS and sexually transmitted diseases and protect sex workers. [18] However, this led to considerable resistance[18] and no changes were made to the laws. It is estimated that the annual income generated worldwide by prostitution – making money from sex – amounts to more than $1 billion.1 This may be overshadowed by professional football, for example, which generates $25 billion a year,2 but imagine what it would be like if there were TV rights and sponsorship of sporting goods brands.

to alcohol to insurance companies involved in the prostitution industry? Oh, and another small factor in the $24 billion difference – professional football is not illegal in a much larger part of the world.3 Jordan herself was only fined R600 by the judge, but defending what she believed in cost her more than R3 million in legal fees, according to a newspaper article of the time. In 2017, a report by the South African Law Reform Commission recommended that the current law be upheld (preferred option) or that prostitution be decriminalised, but that the involvement of third parties remain illegal. [16] Sex work is illegal in South Africa. It came closest to a change that occurred two decades ago in a high-profile court case. It is illegal in South Africa. The Sexual Offences Act 1957 provides for this and illegalizes most things related to prostitution. The Municipal Code also contained provisions on prostitution. Criminal Procedure Act 51 of 1977 criminalized “the commission of an immoral or indecent act with such another person” as well as the invitation to demand. [10] “They are arbitrarily detained, blackmailed, robbed and attacked by the police,” Venter said.

The Immorality Amendment Act 1988 renamed the Immorality Act 1957 to the Sexual Offences Act 1957 and criminalized the act of prostitution. It also made the provisions of the 1957 Act non-sexist. [13] However, there is no unanimity on support for full decriminalisation. Lloyd Rugara used to do sex work. Now he says he is trying to be the “voice of the voiceless.” Photo: Ashraf Hendricks As part of the repeal of many apartheid laws under the government of P. W. Botha,[11] the Immorality and Prohibition of Mixed Marriages Amendment Act of 1985 lifted the interracial restrictions of the Immoral Acts. [12] Reluctance to use condoms has contributed significantly to the epidemic. [4] [31] However, government condom distribution[16] AND HIV communication programs have reduced the rate of new cases. [31] Originally from Zimbabwe, Rugara did sex work because he could not obtain a South African work permit.

Today, he focuses primarily on advocacy. In 1996, a policeman went to a brothel in Pretoria and paid R250 for a pool massage. The brothel`s owner, Ellen Jordan, and two of her employees, Louisa Broodryk and Christine Jacobs, were arrested. In March 2012, the ANC Women`s League came out in favour of decriminalisation, stating that it would ensure that it became an ANC policy. [19] It is argued that decriminalization “would challenge the stigma surrounding sex workers. This would help protect their human rights and dignity and ensure safer working and living conditions. [20] Decriminalizing prostitution would limit police power over sex workers and prevent police or law enforcement agencies from exploiting sex workers. Police enforcement is strict and the police, who accept and accept bribes from the police and their clients, are on the agenda.

Hundreds of women from Thailand, China, Brazil, Eastern Europe, Asia and neighbouring African countries are deported to South Africa and forced to work as prostitutes. [6] The achievement of these objectives will ultimately achieve the overall objective of the project, which is to contribute to the progressive realization of human rights for all by removing the criminal law of sex work and thus involving a particularly marginalised group in the protection of human rights provided by South African OSH laws. The complete decriminalization of sex work will likely come too late for Jacobs, Rugara and their clients. But for future generations of sex workers, decriminalization can make their work safer, healthier and more acceptable in society. Since then, no sex work cases have been brought before the country`s highest court. Despite fears, there was little evidence of an increase in prostitution. [28] If you knowingly live (in whole or in part) from the income from prostitution, you are committing a crime.19 Gavin Jacobs began his career in sex work in London. Since he had run out of money, he learned about massage parlors through friends. As he did not want to return to Cape Town, his hometown, he decided to work at One. Gavin Jacobs started sex work in London and then continued to do so upon his return to South Africa in 2002. Photo: Ashraf Hendricks This is about sex – that is, sex – unlike a man and a woman. ↩ If you somehow contribute to provoking an indecent act with another person, or if you receive something in exchange for an indecent act, you`re also guilty of a crime.20 Sometimes customers “are just looking for someone to talk to,” he says.

A brothel is a place used for prostitution or to visit people for the purpose of illicit carnal sex4 or for other obscene or indecent purposes.5 Venter explains that criminalization makes it difficult for workers to obtain police protection and health services. It will be easier to use the services of sex workers to prevent and treat HIV, for example. South Africa is a country of origin, transit and destination for women and children trafficked for sexual purposes. [6] Local criminal gangs dominate child sex trafficking. Nigerian gangs control the sex industry in several provinces. Thai and Chinese nationals control the sex trafficking of Asian women. Russian and Bulgarian organized crime controls human trafficking in Cape Town. [6] They can`t find regular employment, “and no one will hire them because of the stigma,” he says.

Criminalization makes it harder for sex workers to stay sexually healthy. Decriminalization would allow “full access to health care and social services” and “services without judgment,” Venter says. “Sometimes it`s just going to dinner with someone,” “or just going somewhere with them.” Around 2002, Jacobs returned to Cape Town and worked in restaurants. Needing more money, he started working in “massage parlors” at Sea Point.