Those supporting the ban on sex work believe, however, that it would hurt marriages, and pimps and traffickers would score if the ban was lifted.

The South African Law Reform Commission is inviting South Africans to express their views through public workshops on adult prostitution this month and invites submissions before June 30.

The commission released a paper on May 6 that put forward four options:

1. Total criminalisation of adult prostitution (the status quo under the Sexual Offences Act of 1957);
2. Partial criminalisation of some forms of adult prostitution and related acts;
3. Non-criminalisation; and
4. Regulation.

Members of the public have sent in 30 submissions so far and workshops in Pretoria, Johannesburg and Cape Town — six more will be held — have been well attended, Dellene Clark, the commission’s secretary, said yesterday.

The South African Business Coalition on HIV-Aids, which supports the decriminalisation of sex work, and the Colloquium for Social Entrepreneurs held a forum on this topic last week, at which presenters explained how the criminalisation of sex workers harms both the sex workers themselves and the public.

Politicians like Gauteng premier Nomvula Mokonyane and acting head of the National Prosecuting Authority, Mokotedi Mpshe, have also expressed views: Mokonyane in favour of lifting the ban in the run-up to the 2010 Fifa World Cup and Mpshe against it.

Vivienne Lalu, the advocacy officer for the Sex Workers Education and Advocacy Task Force, said yesterday: “We have been campaigning for decriminalisation for more than 14 years.

“Allegations that we are only pressing for 2010 spin-offs is a complete denial of not only sex worker rights, but human rights.

“The Amended Sexual Offences Bill to be delivered to the Department of Justice is due only in 2011,” she said.

Clark confirmed that the final decision was expected in 2011, even though the public deadline is 30 days away. She said: “A draft report and legislative proposals will be submitted to the South African Law Reform Commission at a full commission meeting in March 2011 and, if approved, will then be submitted to the minister of justice and constitutional development.”

The commission released an issue paper on adult prostitution in 2002 and took seven years to publish it. But sex workers measure the risks they run in hours and days, not years.

At the Sabcoha forum, Jacky (not her real name), the co-ordinator of Sisonke sex workers’ movement, said: “There are dangers. We are vulnerable to assault and rape by clients and it’s stressful, believe me.”

Lauren Jankelowitz is the manager of the Wits Reproductive Health and HIV Research Unit’s commercial sex worker project, which was started in 1996. Since 2000, it has offered dedicated services in 16 out of 32 brothels in Hillbrow, in downtown Johannesburg, and at a dedicated clinic.

Jankelowitz said: “Multiple, concurrent partners are a major driver of HIV in Southern Africa.” This means sex workers are at greater risk of acquiring HIV and other sexually transmitted infections, and transmitting them to clients, who pass them on to their partners back home.

Increasing access to health care decreases the public health risk and also reduces the number of unwanted babies.

The Wits services include clinical care, a wellness programme, condom distribution, peer-to-peer education and help to design exit strategies. Between 45 to 60 percent of the sex workers in the Wits outreach project are HIV-positive.

Jankelowitz said many sex workers have no alternative way to survive and are illegally in South Africa, while many girls are under age. They are vulnerable to abuse, harassment and exploitation by hotel owners, pimps, police and clients since the industry operates in secrecy.

They have no protection from labour laws. For example, a woman who is sick and cannot work might be evicted by the brothel owner for not paying rent that day.

After visiting several of these derelict hotels — with their neon lights, bar fights, strip shows and sunken beds — it’s clear that many women work in unsafe conditions. Jankelowitz said they often seek comfort in alcohol and drugs.

In 2007, the Hillbrow Health Precinct held a symposium which agreed on the need to decriminalise sex work, and this year South Africa hosted the first ever African sex worker conference, calling for this.

Brad Mears, Sabcoha’s chief executive officer, said: “Employers need to bring the sex worker world into workplace programmes and HIV programmes.”

The Trucking Wellness programme has invited sex workers into its roadside wellness centres at hot spots for truckers.

These centres have treated about 90000 truckers, nearly half for sexually transmitted infections. They have treated about 8000 sex workers in the past five years and had an “18 percent reduction in STIs”, said Tertius Wessels from Trucking Wellness.

Legalising prostitution has vehement opponents such as the Family Policy Institute, Doctors for Life and religious groups. They did not respond to written requests for comment. On its website, the Family Policy Institute warns that removing the laws against prostitution would mean “buying a woman would be socially and legally the equivalent of buying cigarettes. Prostitution is a profoundly harmful institution.”

South Africa has a Constitution that protects human rights, including freedom from harm, bodily integrity, dignity and access to health care. To realise these rights, sex workers should be allowed to operate legally. - The Times

The SA Law Reform Commission is holding a further six workshops. For more information visit http://tr.im/nimC