Prohibiting prostitution is unconstitutional – MARTIN VAN STADEN
President Cyril Ramaphosa recently announced that sex work might soon be decriminalised. If true, it will mark the end of an era that will be remembered as a stain on our constitutional democracy. The right to be a sex worker is guaranteed in the Constitution, and the hereinto prohibition thereof has been the result of errant jurisprudence rather than a respect for the Rule of Law.
Section 22 of the Constitution provides that everyone “has the right to choose their trade, occupation or profession freely”. It further says that government may “regulate” (but not prohibit) the “practice” (but not choice) of those trades, occupations, or professions, “by law”.
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Publish date: 17 April 2019
The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation. This article may be republished without prior consent but with acknowledgement to the author.