Cape Town - Decriminalising adult prostitution is one alternative to ensuring the protection of sex workers, says Director General in the Department of Justice and Constitutional Development, Menzi Simelane.
"The law provides for the protection of all South Africans. Decriminalisation might be an option," said Mr Simelane, addressing the media ahead of the department's Budget Vote in Parliament on Wednesday.
There was a belief that sex workers were often harassed by the police and this was a cause for concern.
"There was recently a case in the Cape High Court where it was ruled that police officers cannot arrest sex workers unless they intend to prosecute. They can't be arrested for say, loitering," he said.
Deputy Minister Andries Nel explained that in May, the South Africa Law Reform Commission developed a discussion document to consider the need for law reform in relation to adult prostitution and to identify alternative policy and legislative responses that might regulate, prevent, deter or reduce prostitution.
According to a statement released by the commission in May, the secondary aim of the document was to review the fragmented legislative framework which currently regulates adult prostitution and enhance alignment with international human rights obligations for the country.
Under current law, the voluntary selling and buying of adult sex and all related acts are criminal offences.
The commission proposed that the Sexual Offences Act and Section 11 of the Sexual Offences Amendment Act be repealed and a new Adult Prostitution Reform Act be enacted.
The discussion paper was also aimed at conducting public hearings to elicit comments which will be used to assist the commission in preparing a report and draft legislation.
"All options presented in the paper include a set of questions that seek to elicit public inputs that will shape legislative proposals to be included in the report," said the commission at the time.
Mr Nel said the commission was hoping to have no less than a dozen meetings throughout the country where the public are engaged on the matter.
He said he could not preempt the outcomes of these consultations. "It would be premature to jump in at this stage. We will have all of the views before making a decision."
The closing date for comment of the discussion paper is 30 June and a decision will be made at Cabinet level.
