Decriminalising Sex Work: The Politics of Policy-Making in South Africa 1994 - 2019
Date
2024-04-19
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
Sex Work in South Africa This thesis explores feminist viewpoints regarding sex work, delving into the intricate web of gender, race, and class within the unique historical context of South Africa (SA). Its central mission guiding the research was to identify, investigate, and shed light on the factors that had impeded the commitment and execution of sex work decriminalisation by the African National Congress (ANC) government. With a specific focus on the prevailing legislative framework in SA, which criminalised the sex industry, the thesis scrutinises the rationale behind this approach and assessed its suitability within the SA context. Additionally, it underscores the adverse repercussions of sex industry criminalisation on sex workers while questioning its effectiveness in achieving its intended goal of eradicating the sex work sector. Through a feminist lens, this research journey unraveled several root causes of the stagnation in SA's sex worker policy reforms. It explored the intricate dynamics of policy change, unveiling the stumbling blocks that hindered progress in the realm of sex worker policy. Given SA's distinctive historical landscape, characterised by a complex history of apartheid and racial inequality, the thesis argued that comprehending sex work in SA necessitated an examination of its inextricable connection to the country's socio-economic conditions. Moreover, the thesis conducts a comparative analysis of legislative frameworks in other countries where different approaches to sex work regulation had been adopted. Foucault's theory on the regulation of the body provides an invaluable framework for understanding the power dynamics at play within the context of sex work. It illuminates how the criminalisation of sex work was intertwined with exerting control over the female body, aligning with Foucauldian principles. The thesis investigates how these power dynamics sought to render those involved in sex work submissive, echoing traditional perspectives on body commodification. Drawing upon the history of SA and its tumultuous past, including the legacies of apartheid and the enduring effects of racial discrimination, this thesis contended that sex work in SA cannot be fully understood without considering its historical and socio-economic dimensions. It delves into the nuances of sex work policies in various countries, exploring models such as full decriminalisation, partial decriminalisation, and legalisation through both a feminist and Foucauldian lens. By examining these diverse approaches and their outcomes, the thesis provides valuable insights into the complex landscape of sex work regulation. As a comprehensive contribution to the study of existing legislative paradigms, this thesis addresses the pivotal question: "Why has the decriminalisation of sex work stalled in SA?" This inquiry gave insights into the complexities of policy change, the root causes of policy delays, and potential avenues for reforming sex work policy, all while considering the broader global context of sex work legislation and the implications of feminist and Foucauldian perspectives.
Description
A research report submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy: Political Studies to the Faculty of Humanities, University of the Witwatersrand, Johannesburg, 2024
Keywords
African Feminism; Intersectional Feminism; Liberal Feminism; Prostitution; Radical Feminism; Sex Work Policy; South Africa
Citation
Gathercole, Corey Sarana Spengler. (2024). Decriminalising Sex Work: The Politics of Policy-Making in South Africa 1994 - 2019 [PhD thesis, University of the Witwatersrand, Johannesburg].