ISSN: 1996-2207
Affiliations: University of the Witwatersrand
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 4, 2025, p. 901-908
https://doi.org/10.47348/TSAR/2025/i4a14
None
ISSN: 1996-2207
Affiliations: University of the Witwatersrand
Source: Tydskrif vir die Suid-Afrikaanse Reg, Issue 4, 2025, p. 908-910
https://doi.org/10.47348/TSAR/2025/i4a15
None
ISSN: 1996-2118
Affiliations: BLC LLB LLM (UP) BCom Hons (UCT) LLD (Unisa). Senior Researcher, South African Law Reform Commission; MA (Vista) DLitt et Phil (Unisa) LLM LLD (Unisa); Associate Professor, University of South Africa
Source: South African Journal of Criminal Justice, Volume 38 Issue 1, p. 1-34
https://doi.org/10.47348/SACJ/v38/i1a1
Prostitution is currently criminalised in South Africa. This article argues that the policy and the law regulating prostitution and prevailing socio-economic determinants are inextricably linked. For this reason, these socio-economic determinants and the proposed solutions to the interaction between poverty, inequality and unemployment must be considered before considering law reform on prostitution in South Africa. Furthermore, when drafting legislation that regulates sensitive areas of morality, such as prostitution, the underlying question, in keeping with international jurisprudence, is not why morality is being legislated for, but which interpretation or understanding of morality should be used to inform legislative reform. It is contended that the chosen legal framework is a policy choice which must be informed by available evidence and rational analysis, as opposed to political ideology.
The article establishes the need for legislative and policy reform in respect of the exchange of sexual acts for reward and, by implication, peripheral crimes in South Africa, and argues that a radical feminist approach in favour of asymmetrical decriminalisation is the preferred legal pathway. It seeks to do so by identifying the context and the socio-economic determinants at work in South Africa and how the country’s unique context intersects with the chosen policy and legal framework.
ISSN: 1996-2118
Affiliations: BLC (Law) LLB (UP) LLM (cum laude) LLD (Stell); Project Manager and Researcher: Centre for Social Justice, Faculty of Law, Stellenbosch University, Admitted Attorney; BMil LLB (Stell) LLM (Unisa) LLD (Stell); Professor, Department of Private Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 38 Issue 1, p. 35-66
https://doi.org/10.47348/SACJ/v38/i1a2
In South Africa, sex work is fully criminalised, making both the sale and purchase of sex a criminal offence. Under this legal framework, sex workers – one of society’s most marginalised groups – face widespread human rights violations, including violence from clients and law enforcement, as well as restricted access to legal and healthcare services. Punitive laws, shaped by rigid gender norms and social expectations, reinforce their exclusion from constitutional protection. As a result, sex workers remain in a precarious position, unable to assert their rights or improve their socio-economic conditions.
Considering sex workers’ experiences with the law – and based on the observation by the British socio-legal scholar, Jane Scoular, that law is an inseparable dimension of social relations – this article questions whether criminalisation is the solution that is best aligned with constitutional values. The aim is to raise arguments in favour of an interpretation of sex work that goes beyond punishment and retribution.
ISSN: 1996-2118
Affiliations: LLB LLM PhD (UWC); Lecturer, Department of Criminal Justice and Procedure, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 38 Issue 1, p. 67-93
https://doi.org/10.47348/SACJ/v38/i1a3
Children come into contact with the law and court proceedings in different ways. A child may be a victim, witness or even an accused in a legal matter, and thereby become subjected to legal proceedings. During such proceedings, the fundamental rights of the child will undoubtedly be affected. A child’s right to dignity, the right to participate and the constitutionally enshrined best interests of a child are some of the rights which are generally affected when they become subjects of the South African criminal justice system. Sadly, children are not spared from witnessing crime in South Africa, the high levels of serious, violent crime in South Africa, unfortunately mean that many children witness crime first-hand. This is especially true in indigent communities. Children are not shielded from witnessing crime and they are often also victims of crime. The low prosecution rates negatively affect communities’ faith in the justice system. As a result, children in indigent communities are influenced by adults to abhor and distrust the machinery of the criminal justice system. Crime can therefore flourish in these conditions. Child witnesses would routinely be hesitant or even reluctant to participate in criminal justice proceedings. The cycle of crime can therefore persist. This article will analyse the current legislative protection of child complainants and witnesses in South Africa and assess how some elements of the Nordic Barnahus Model could enhance such protection.