LABOUR COURT LEGITIMISES PROSTITUTION IN NEW LEGAL PRECEDENT

Together with the Family Policy Institute (FPI), the Consultation of Christian Churches (CCC) and Stop Trafficking of People (STOP) we express our grave concern at the bizarre ruling of the Labour Appeal Court that effectively legitimises a criminal enterprise by judicial decree and provides legal sanction to individuals involved in illegal activity with well-established links to organized crime.

The ruling is a blatant attempt to legislate from the bench on a policy issue that must be decided by the democratically elected representatives of the people. Unelected activist judges attempting to bypass the normal Parliamentary processes by determining public policy from the bench according to their ideological bent, must be strenuously resisted.

The Sexual Offences Act of 1957 and the Amended Act of 2007 make both the buying and selling of sex a criminal offence in South Africa. An individual willingly operating outside of the law cannot reasonably expect protection from the law whilst engaged in criminal activity. Judge Davis' ruling sets a dangerous precedent in that it opens the door to drug dealers (or should that be "drug workers"?), human traffickers and other criminals to seek redress under the law while actively engaged in illegal activity.

Prostitution is a criminal activity with well-established links to other criminal activity such as human trafficking, drug dealing and money laundering. As a result, Kylie's case cannot be considered in isolation. If prostitutes can claim legal redress from the CCMA for unfair dismissal, so can every other person engaged in criminal activity. 

Decriminalised prostitution legitimises the entire sex industry, including brothel keeping, pimps and criminal syndicates that exploit women & children. Research shows that decriminalisation does not break the long established links between prostitution and organised crime, and has failed to improve the lives of women trapped in prostitution in nations that have adopted the policy.

Significantly, it is not the legal status of prostitution that harms the women, but the prostitution itself. Decriminalisation is a gift to pimps, traffickers and crime syndicates that prey on women.

We implore the Department of Justice to urgently repeal this dangerous and far reaching ruling to restore the public's trust in the judiciary and the legitimacy of Parliament as the only democratically elected policy making body in South Africa.

What You Can Do:
Biased reporting on prostitution is prevalent.We need to express our concern to any journalists who write articles in favour of the legalisation of prostitution or refer to prostitutes as "sex workers". The journalist's email address is usually included at the end of the article in most newspapers. Copy your letter to the editor. It also helps to call them (use the newspaper's switchboard number) and share your concerns with them. Offer to send them an article such What Happens When Prostitution Becomes Work? by the Australian Coalition Against Trafficking in Women or news articles that depict the disastrous consequences the legalisation of prostitution has had on several countries. We can email you these.

The illusion that prostitution is "work", or a choice, is manipulative and deceptive. It allows the whoremongers and the pimps to obscure the abuse involved and to confer a form of right on the abuser (fornicator or adulterer). The fact that money is exchanged cannot disguise the fact that what occurs in prostitution, the bodily and psychological violations involved are in fact sexual abuse and harassment and would be seen as such in any so-called ordinary workplace or social setting.

Government Promotes Sexual Immorality Ahead of World Cup
An article in the Cape Argus yesterday claims "More than a million government condoms have been manufactured for the world cup, 200 000 of which will be distributed in the city centre. Another 160 000 condoms will also be distributed at hotels across the city."

Cape Town Tourism chief executive Mariette du Toit-Helmbold said sex tourism was part of the World Cup. "The adult entertainment and sex industry is growing globally and visitors want that," she said.

"Have nothing to do with the fruitless deeds of darkness, but rather expose them." Ephesians 5:11

Please write a letter to the editor of the Argus: arglet@inl.co.za and call journalist Clayton Barnes on 021 - 488 4911 expressing your concern that the government and Cape Town Tourism expect tourists to commit sexual immorality during the World Cup. This is also a tacit promotion of prostitution as a legitimate form of "entertainment", despite the fact the prostitution is still illegal and is one of the grossest abuses of basic human rights (for reasons mentioned above).

"Do you not know that your bodies are members of Christ himself? Shall I then take the members of Christ and unite them with a prostitute? Never! Do you not know that he who unites himself with a prostitute is one with her in body? For it is said, "The two will become one flesh." 1 Corinthians 6:15-16

Africa Christian Action
PO Box 23632
Claremont
7735 Cape Town
South Africa
Tel: 021-689 4481
E-mail: info@christianaction.org.za
Web: www.christianaction.org.za

For more information and resources contact: AFRICA CHRISTIAN ACTION PO Box 36129, Glosderry, 7702, South Africa Tel: (+27 21) 689-4481 Fax: (+27 21) 685-5884 E-mail: info@christianaction.org.za