ISSN: 1996-2118
Affiliations: University of Limpopo
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 285-300
https://doi.org/10.47348/SACJ/v38/i2a5
None
ISSN: 1996-2118
Affiliations: University of the Free State
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 300-314
https://doi.org/10.47348/SACJ/v38/i2a6
None
ISSN: 1996-2118
Affiliations: North-West University
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 314-327
https://doi.org/10.47348/SACJ/v38/i2a7
None
ISSN: 1996-2118
Affiliations: University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 327-340
https://doi.org/10.47348/SACJ/v38/i2a8
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.