Speak Up for Those Who Cannot Speak for Themselves!

There seems to be some confusion surrounding the legislative process on prostitution.

The current debate is whether prostitution should be decriminalized or remain criminalized in South Africa.

The SA Law Reform Commission (SALRC) is currently hosting workshops around the country on the issue of adult prostitution. They are tasked with bringing laws that have been on our statute books in line with our current constitution.

The submissions the SALRC receive from the public will form part of their recommendations to the Minister of Justice & Constitutional Development. (This is the first part of the process).

Following this, a draft Bill will be tabled by Parliament and the public will again be invited to make written and oral submissions on the Adult Prostitution Bill. (Second part of the process)

Many concerned citizens have been asking, “Won’t the ruling party simply railroad the Prostitution Bill through Parliament like they did with the same-sex ‘marriage’ legislation”?

The difference between prostitution and same-sex ‘marriage’ is that the Constitutional Court ruled that denying homosexuals the right to marry was "discriminatory" based on the "sexual orientation" clause in the Bill of Rights.

That meant Parliament had to bring the ‘Marriage Act’ in line with the constitution. Prostitution, however, has no constitutional protection and is not considered a human right.

The Constitutional Court ruled on 10 October 2002 that prostitution and running brothels are still illegal. The ruling dashed the hopes of brothel owner Ellen Jordan, who spent millions of rands in her court bids to get the laws thrown out.

When Jordan, one of her employees and a prostitute were arrested for contravening the Sexual Offences Act of 1957 in 1996, Jordan took the case to the High Court.

The High Court found that (1) sections of the law that render sex for money a crime were unconstitutional, and that (2) legislation outlawing brothels should be upheld.

Jordan then took the rulings to the Constitutional Court to have the first one confirmed and the second overturned. However, the Constitutional Court upheld both rulings.

The first ruling outlawing prostitution and the second outlawing brothel-keeping were both upheld by the Constitutional Court.

The Court found that outlawing prostitution did not infringe on the rights to human dignity and economic activity.

http://www.safrica.info/ess_info/sa_glance/constitution/prostitution1.htm

As a result, the total criminalization of prostitution including all aspects of the sex industry is very much in line with the constitution.

That means, the only way prostitution will be decriminalized in South Africa - is if those who oppose it - remain silent and uninvolved.

For the sake of all vulnerable women and children in South Africa, I implore you to draft a submission to the SALRC before 30 June 09.

A summary of the SALRC proposals are available at the following link.
http://www.doj.gov.za/salrc/dpapers/dp0001-2009_prj107_2009sum.pdf

To help you answer the 9 questions on the total criminalization option in the SALRC questionnaire – you may request the Family Policy Institute’s submission which contains all the facts drawn from research on prostitution at info@familypolicyinstitute.org

You may email your submissions to Dellene Clark at dclark@justice.gov.za or Carine Pienaar at capienaar@justice.gov.za before 30 June 2009.

The following are the remainder of the workshops: Mmabatho on 23 June, Kimberley on 25 June, and Port Elizabeth on 30 June 2009
It is essential that you e-mail the SALRC for an invitation.

http://www.doj.gov.za/salrc/QNRs/200905_Invite_Workshop_sxoADP.pdf

Please don’t miss this opportunity to defend the family and take a stand for righteousness.

“Speak up for those who cannot speak for themselves.” Proverbs 31:8

Further Reading:
Persistent Prayer and Pressure Needed to Stop Prostitution from being Legalised (http://www.christianaction.org.za/articles/PrayerToKeepProstitutionCriminal.htm)
Human Slavery, Prostitution and 2010 (http://www.christianaction.org.za/articles/HumanSlaveryProstitutionAnd2010 ) – Martin Coltman, Doctors for Life
Africa Christian Action
PO Box 23632
Claremont
7735
Cape Town
South Africa
Tel: 021-689 4481
E-mail: info@christianaction.org.za
Web: www.christianaction.org.za