Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
11 April 2007

Sex work (again…)

A reader is still hot under the collar because of my remarks on sex work last week and write:

Prostitution not only affects those who make use of its services (broken marriages, STD’s and HIV/AIDS, robbed clients, embarrassing situations for our esteemed politicians, etc.) but for the practitioners of the practice. While they are abused every day, they are still on the wrong side of the law (except if they’re under-age, or coerced) and should be punished.

I agree that prostitution may affect those who make use of the services of sex workers as well as sex workers themselves. It just seems logical, though, that the solution is not to criminalize the behaviour – which was what led to the harm in the firs place.

If we legalized sex work, it would be easier to ensure that sex workers practices safe sex and did not rob clients (but of course its impossible to pass any law that would stop politicians from making fools of themselves). Men who visit sex workers and whose marriages then break up should never have stayed married in any case.

Legalisation would also protect sex workers from exploitation by clients and pimps because they would be doing a job like anyone else and would fall under the same labour law which would protect them. They would also have to pay tax, which would make Pravin Gordhan very happy.

And what would the downside be? Sex workers would be allowed to do a job that was perhaps not the most glamorous or enjoyable job on earth. Still seems like a no-brainer to me.

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