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These statistics show that the criminalisation of sex work — the consensual buying and selling of sex between adults — puts everyone at risk. It drives sex work underground — putting sex workers and clients at risk of physical violence and HIV infection while giving them little recourse to justice under the law and access to healthcare services, for fear of being exposed. Law reform could change this. A study published in The Lancet medical journal found that decriminalising sex work could avert between a third and almost half of all new HIV infections globally in the next 10 years among sex workers and clients. But in the meantime, clients and workers can team up to make sex work safer — and it starts with learning the business of sex.

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SALRC received in excess of submissions on the report.

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Eight formal workshops and numerous focus group meetings were held with a large of lobby and interest groups including people who had or were engaged in prostitution, current and former brothel owners. A legal mechanism was presented in the report to remove women from coercive circumstances and to provide exit strategies for prostitution.

The two options presented were that: Adult prostitution should either be criminalised preferred option or partially criminalised. People who buy sexual services are also guilty of an offence.

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It is recommended that a person who pays for a sexual service but finds out that the person has been trafficked and reports this, should be exempted from prosecution. Third parties are not protected as they do not ensure the quality of life for people in prostitution and they contribute to sex trafficking. The report is now in the public hands, and it is the responsibility of the people to debate and decide what will happen next on the issue. The matter needs to be addressed as a human rights issue, and not a moral issue.

People had been oppressed and forced into poverty.

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As a result there is high unemployment. The only way for some women to work is to engage in sex work. As a democracy, government needs to listen to the people on this matter and move forward with what the people are asking.

The IEC wants to make it so that way a person may vote in any voting district in the municipal ward they are registered in. The Chief Electoral Officer needs to ensure that people are registering within their correct ward. Women and racial groups need to be elevated in the democratic system, and all political parties need to have equal women representation in them. The IEC should also ensure that political parties include people with disabilities.

The Chairperson said that everyone needed to be sensitive on the subject on adult prostitution.

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At their last meeting, the Ministry of Justice promised to regularly update the caucus on relevant matters; so they are following up on this promise. This report is part of the review of all sexual offences in South Africa. The aim is for a comprehensive overhaul of existing statutory and common law sexual offences into one statute. Non-legislative recommendations for the reform of processes in the criminal justice system are to ensure implementation.

In S v Jordanthe Constitutional Court found that criminalising prostitution is constitutional, and that Sexual Offences Act does not discriminate against women; nor infringe upon the right to privacy, freedom and security and the right to economic activity. There are a range of legal responses possible to address prostitution in a democratic society. To retain or change the existing law — is a policy choice.

SALRC received in excess of submissions on the discussion paper. South Africa needs to be mindful of lessons learnt in other countries, where one is seeing a reverse trend. There have been claw back measures to move away from legalising and decriminalising to a criminalised setting such as in Netherlands, Germany, Sweden, France, Ireland and Canada. New Zealand moved to a decriminalization model.

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Points of agreement in report by all lobby groups The sale of sexual services is a result of a choice made in severely limiting socio-economic circumstances, and in a context of social inequality. People who sell sexual services are vulnerable.

Opinions on the legislative framework are polarised with strong lobbying for decriminalisation versus retention of criminalisation for different solutions to exploitation. Overview of Report The Report contains legislative and non-legislative recommendations. It has two draft amendment Bills as options. The debate centres around three main topics: - Whether prostitution is work or exploitation - Access to health care and prevention of HIV - Arbitrary arrest and exploitation.

Two south options are presented: Option 1: Repeal the SOA and amend SOA to criminalise all prostitution related offences with the exception of the person selling sexual services i. This option is coupled to diversion to facilitate exit. This is the preferred option. Chapter 1: Overview The report provides a legislative and regulatory review on prostitution. There is a discussion of different models which include criminalisation; partial criminalisation; regulation; and non criminalisation. There should be a legal mechanism to remove women from coercive circumstances.

There should be a national strategy to provide escort strategies for prostitution — opportunity for training, counseling and reintegration. Following afrika, expunging the criminal record is recommended.

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Chapter 3: Buyers Research shows that buyers of sexual services can be very violent. Legalising will not address the power imbalance and it will normalise coercion of women; it will further increase demand locally and internationally.

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Criminalising demand will not end prostitution but it is aimed at ificant reduction. Legalisation will increase demand locally and internationally for prostitution. It is recommended that a person who pays for a sexual service but finds out that the person has been trafficked and reports should be exempted from prosecution. Brothels do not ensure this so it is problematic to allow them as a legitimate business.

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Conclusion The aim of legislative intervention is to protect the rights of poor and vulnerable persons, particularly women and girls predominantly affected by inequality, poverty, unemployment and exploitation. SA needs to ensure that it has a coherent legal framework to deal with prostitution and prostitution related crime which includes money laundering, drugs and trafficking.

The law reform need to address the social ills that prostitution has stemmed from.

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Ms M Chueu ANC said that South Africa cannot be equated with other countries because they were never oppressed or pushed into reserves. This law, and future laws presented, needs to reflect these circumstances. Men who are violent need to be prosecuted right away. Anyone who buys sex must use condoms. Prostitution must be decriminalised afrika the buyers need to be prosecuted. SALRC south to stop giving examples of prostitution policies from other countries that are not similar to the history and structure of South Africa. Justice must be an African justice, not deed after European or Western cultures.

As a democracy, everyone needs to listen to the sex workers who say they want to be called sex workers. The report needs to be changed to reflect the requested terminology. The matter needs to be looked at from a human rights perspective, not a moral perspective. There should be escort regarding sex work.

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There is not enough work being done about this; women need to be protected. Sex work should be decriminalised. A caucus member stated that the caucus ly asked SALRC about the of constituents they have reached, and they gave them the same in November as they gave them today.

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As legislators, she feels as if the executive are the ones who are prolonging this process. The only people who are complaining about this are African people, where are the whites? This law is letting the African people down. Parliament listened to the people and made progress in abortion and legalising gay marriage, but why is this legislation taking so long?

It is now up to Parliament and the public to engage in the debate to decide what to do next. The Chairperson said that she is personally disappointed that no progress has been made so far. South Africa is a democracy, and from experience, this will get chaotic if there is no progress.

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Ms Chueu recommended that Parliament engages on the matter, like the Deputy Minister said, and change this legislation. The IEC presented proposed amendment regarding elections. A national meeting identified these proposals with all political parties and the IEC present. The first item that should be amended is section 8 3 of the Electoral Act to ensure that a person may be registered in any voting district in the ward in which they live.

The second is that when a person changes their registration; they must ensure they are registered in the correct ward. Given incidents, people have voting stations close to where they live, but these are not in their voting district.

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The third is to amend Schedule 3 of the Act, which is the voting timetable. However, on the eve of an election, some parties come and state that certain people do not live in the ward they are registered in. The roll may still be challenged on Election Day for matters outside of this matter such as when a voter has been impersonated.

South Africa has uneven human settlements, so as long as a person is present in a ward, the roll is validated. Section 8 should be amended to state that the Chief Electoral Officer cannot register a person who is declared as someone without a sound mind.

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Section 27 should be amended to allow for the electronic submission of candidates. Discussion A caucus member said that the IEC needs to understand that there are unemployment problems in South Africa.

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People are not always in the same place; sometimes they are in one city and then they are in the next because they are finding work. The Chairperson asked if there were any plans to review the Electoral Act to ensure gender inclusivity. If yes, will the review be provincially conducted? If not, why has the IEC not recommended a review of the current legislation? If no one does, South African men will be appointed into leadership. The IEC is responsible for elevating racial groups, Africans in particular, because that is what the democratic revolution was all about.

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It is a part of the Constitution that women have equal rights and that women are represented in all political groups. The IEC has to ensure that all political parties present women candidates, and legislation is the only way to ensure this happens.

Ms Bhengu stated that the IEC should also ensure that political parties have members with disabilities. This caucus has the scope to craft a provision on a quota that will be mutually acceptable to all key role players, including the disabled, in terms of election candidates.