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South Africa advocacy groups welcome push to legalize sex work

Public comment period on proposed bill ended on Jan. 31

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Sisonke National Sex Workers Movement is among the groups that have welcomed efforts to decriminalize sex work in South Africa. (Photo courtesy of Sisonke National Sex Workers Movement)

Various civic organizations across South Africa have welcomed efforts to legalize sex work.

The public comment period on the Criminal Law (Sexual Offenses and Related Matters) Amendment Bill of 2022 ended on Jan. 31. The Cabinet on Nov. 30, 2022, approved the publication of the measure that would decriminalize sex work for public comment.

The bill would repeal the Sexual Offenses Act (previously the Immorality Act) of 1957 (Act No. 23 of 1957). It would also repeal Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act of 2007 (Act No. 32 of 2007) to decriminalize the sale and purchase of adult sexual services.

ā€œAs a human rights organization we are delighted that our efforts to call for the decriminalization of sex work has after almost three decades received attention to this level because initially the call to decriminalize sex was just falling on deaf ears, as one of our biggest issues with the criminalization of sex work is the gross human rights violations against sex workers and for us sex workers not being able to seek recourse when we need to,” said Yonela Sinq of the Sisonke National Sex Workers Movement. “Secondly, we strongly believe that the decriminalization of sex work will afford us (sex workers) improved access to health, justice, economic freedom, humane working conditions and a regulated industry. Hence, we have been so persistent in the call for the full decriminalization of sex work.ā€ 

Sinq also said the legalization of sex work will also be important to the LGBTQ and intersex community.

ā€œThe 2SLGBTQIA+ community is a growing community facing triple the stigma,” said Sinq. “Once we have addressed theĀ decriminalization of the industry, they too will be afforded improved avenues to seek recourse when violated.”Ā 

“As it stands, our transgender sex workers are still held in cells with men who in turn rape them. Therefore, once this decriminalization process is done with, we will be able to comfortably without fear of further stigmatization and discrimination address this human rights violation because sex work comprises of such diverse groups so with our law enforcers often ignorant to every individual’s choice we often find that they law enforcers are contributors of some of the most gruesome human rights violations,” added Sinq. “I believe the decriminalization of sex will be a step closer to the full recognition and protection of all human rights as per the country’s constitution.ā€

Mpho Buntse of Access Chapter 2, a South African LGBTQ and intersex rights organization, said the legalization of sex work will not only bring dignity to sex workers but demystify some of the elements associated with sex work.

ā€œI think itā€™s important to highlight that work that is seeking to advance the decriminalization of sex work is long standing work that was started a long time ago. More than anything, the conclusion of this process does not limit this work,” said Buntse. “Itā€™s work thatā€™s continuous. Itā€™s work that we have seen organizations like Sisonke advancing for many years, so this is just the coming together of efforts by advocacy and interest groups that have been working to create attention and need to the decriminalization of sex work.” 

“So that now this process is closed, we will be looking further at a more conducive South Africa that will be able to engage on how we can learn and unlearn what we think we know about sex work,” added Buntse.

Buntse noted some of the benefits of legalizing sex work include improved access to health care, condoms and PrEP and sex workers feeling more comfortable approaching law enforcement if they are victimized. 

“Now for the 2SGBTQIA+ community, this law will create a level playing field for all sex workers because we know that in the past those that are gender nonconforming have always been facing a double-edged sword of victimization because of the lack of protection from law enforcers, which have resulted in some having sex without paying or violating them because there was no law,” said Buntse. “So this amendment will help the 2SLGBTQIA+ to practice safe sex work without fear of victimization.”

“Furthermore, under a democratic South Africa we are allowed to associate in whatever way that we want,” added Buntse. “The Constitution makes it clear that self affirmation is important so engaging in sex work could be as a result that one fending for their families whilst some view it as just normal work so the level of respect that is accorded to every type of work should be also be done to those that engage in sex work so it is not a taboo because our Constitution protects us.ā€

The Justice Department will now consider the public comments and make any necessary changes to the bill before its introduction in Parliament. Lawmakers will then debate it before they vote on it.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the countryā€™s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.”Ā 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests ā€” the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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