In South African Law, sex work is currently mainly dealt with in terms of the
Sexual Offences and Related Matters Act 32 of 2007, although other legislation,
such as the Aliens Control Act 3 of 1993 also contains provisions that are
peripherally relevant to sex work. In addition, municipal by-laws play an important
role in the regulation of sex work, especially outdoor sex work. These by-laws are
often aimed at addressing the more visible aspects of outdoor sex work. This
dissertation aims to analyse the policing methods used by the police when
policing sex work in Sunnyside, and whether the police have the ability and
capacity to enforce current legislation in this regard. The enormous incidents of
dehumanization and abuse of sex workers by the police who are supposed to
enforce the Sexual Offences Act 32 of 2007 and the previous legislation on sex
work questions whether the police should be given more or less powers in
dealing with this crime.
This dissertation aims to conduct an in-depth analysis of relevant literature in
order to provide a background for the discussion on the origins of sex work and
the different legal models for dealing with sex work. The study also endeavours
to establish a frame of reference for considering different legal models to deal
with sex work and to identify different policies and legal approaches to sex work,
and to consider the impact of the current laws regulating sex workers and the
harm that result from this. The dissertation aims to explore and describe the
challenges that the police in Sunnyside experience, and also to analyse the
difficulties that sex workers often encounter. The knowledge generated in this
study will enhance the existing knowledge in the policing of sex work, and will
also serve to educate the police, criminal justice institutions, and the community
about the nature and extent of the problems that policing agencies experience
when policing sex workers in Sunnyside.