Sex work decriminalisation case sparks heated courtroom exchange

Africa Melane speaks to Mabel Aphane, the national paralegal for Access Chapter Two, who is joining forces with several groups, including SWEAT, to challenge the legal status of sex work in South Africa.

Listen below:

ALSO READ: ‘Criminalisation makes sex workers vulnerable to violence’ - SWEAT

This week, the Western Cape High Court is hearing oral submissions in a landmark case regarding the criminalisation of sex work in South Africa.

At the core of the applicant's arguments in S.H. and SWEAT vs. the Minister of Justice and others is that current laws are unconstitutional and violate basic human rights.

The case could shape the future of over 150,000 sex workers in the country.

Aphane says current laws violate workers' constitutional rights.

"Particularly the right to dignity, equality and freedom and safety."

- Mabel Aphane, National paralegal - Access Chapter Two

Sex workers are also subject to stigma and discrimination, which Aphane says leaves them exposed to violence and often unable to access justice.

She says there is an urgent need for reform.

"It was such a heated moment in court, but it was necessary... this is a very critical moment and it shows that the fight for decriminalisation is not just advocacy on the outside." 

- Mabel Aphane, National paralegal - Access Chapter Two

Aphane says there were moments in court on Monday when tensions ran high.

"There were tense exchanges about whether sex workers deserve protection under the law, with some parties claiming they are criminals."

- Mabel Aphane, National paralegal - Access Chapter Two

The case returns to court on Tuesday morning.

ALSO READ: Decriminalise sex work now, urges advocacy group

Scroll up to the audio player to listen to the interview.