Prostitution in South Africa is illegal for both buying and selling sex, as well as related activities such as brothel keeping and pimping. HIV , [4] child prostitution including sex tourism [5] and human trafficking [6] are problems in the country. The Immorality Act, prohibited extramarital sex between "Europeans" and "natives". The Immorality Act, , later renamed the Sexual Offences Act, , repealed the Act as amended and introduced new offences for brothel keeping, pimping and procuring.
The Criminal Procedure Act 51 of criminalised "committing an immoral or indecent act with such other person" and also soliciting for the same. As part of the repeal of many petty apartheid laws under the government of P. It also made the provisions of the Act gender neutral. In , an appeal by brothel keepers and prostitutes in the country's Constitutional Court , submitting that the laws on prostitution were in breach of the constitution , was dismissed. The most recent legislative change was the Criminal Law Sexual Offences and Related Matters Amendment Act, , section 11 which added Section 20 1 aA of the SOA, which states that any person who has unlawful carnal intercourse or commits an act of indecency with any other person for reward, is guilty of an offence, effectively criminalising the client as well as the prostitute.
In a report by the South African Law Reform Commission , recommended that the current law be retained preferred option , or that prostitution should be decriminalised but third party involvement should remain illegal.
Decriminalisation has been under active discussion since Currently the South African Law Reform Commission has four proposals that were submitted for public discussion ranging from criminalisation to decriminalisation. In the run-up to the Football World Cup , there were calls to decriminalise and regulate prostitution when an estimated 40, prostitutes were expected to travel to South Africa for the tournament.
It would help secure their human rights and dignity, and make for safer work and living conditions for them. Police enforcement is rigorous and police taking and accepting bribes by the police and their clients is common place. In April , the Commission for Gender Equality also stated its support for decriminalization.
