The criminalization of prostitution in South African criminal law

Abstract

The issue of the criminalization of prostitution raises all kinds of legal questions, especially in South African law. Governments have adopted different positions regarding prostitution. South Africa has tried, by means of law, to crack down on prostitution. This dissertation discusses the question of prostitution as provided by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957. Whether criminalization is the indicated way to lessen or eliminate prostitution determines the focus of the discussion. It seemed necessary to understand the topic, to present the most important systems for addressing prostitution, the South African model and its evaluation. A legal comparison is presented. The discussion looks also at international instruments, which place the emphasis on forced prostitution. There is, in South African law, a pressing need to enact laws in accordance with the Bill of Rights, and with the international norms to which South Africa is party.