CRIMINAL LAW (SEXUAL OFFENCES & RELATED MATTERS) AMENDMENT BILL: DRAFT FOR PUBLIC COMMENT

CRIMINAL LAW (SEXUAL OFFENCES & RELATED MATTERS) AMENDMENT BILL: DRAFT FOR PUBLIC COMMENT

• 09 December 2022
• Justice & Constitutional Development
• SA Legal Academy

The Department of Justice & Constitutional Development has called for input by 31 January 2023 on a draft Bill that, once in force, will decriminalise the sale and purchase of adult sexual services. This is noting that, according to Justice & Correctional Services Minister Ronald Lamola, ‘sex work is driven by a complex intersection of social and economic factors' in which poverty, unemployment and inequality play a significant role.

Given the high level of sexual violence against women in South Africa, among other things the draft Bill seeks torespond to proposals in the National Strategic Plan on Gender-Based Violence and Femicide calling for interventions that will protect sex workers from abuse. In that context, once operationalised the new legislation will able these workers to exercise their rights as citizens and approach state facilities for assistance. This would also ensure that South Africa complies with its obligations under certain international agreements.

It is envisaged that engaging in sexual services with children or persons who are mentally disabled would remain a criminal offence.

Click the link below to access:

• the draft Bill
• the Government Gazette notice
• the Minister’s media statement
• the National Strategic Plan on Gender-Based Violence & Femicide

Published by SA Legal Academy Policy Watch

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