South Africa’s post apartheid government has been toying with the idea of decriminalising sex work for almost two decades. But it has hesitated to act with the necessary courage to regulate the industry in a progressive way.

The reluctance to take bold action to decriminalise the sector has detrimental effects for sex workers. Decriminalisation would give sex workers access to labour rights and help prevent the spread of sexually transmitted diseases. Most importantly, it would give sex workers more protection from violence. The recent discovery of the bodies of six women, believed to be those of murdered sex workers, in Johannesburg once again highlighted the dangers they face.

The incident has reignited the debate on decriminalisation.

Based on my research into the subject – including my 2006 PhD thesis – my view is that progress on this issue is hampered by the government’s fears of what might follow. The two biggest fears are that it will lead to a spike in the sex work industry and the possibility of child prostitution.

But these fears do not warrant inaction. Government needs to start drafting a legislative framework to regulate the industry and decriminalise sex work. This is the only way to protect sex workers from further abuse and violence.

Misplaced fear

Sex work is by no means a popular career choice. Decriminalisation is thus unlikely to cause an upsurge in sex work.

In the main, people are forced into sex work by socio-economic circumstances, including ...

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