Exploring Sex Traders Status in Labour Relations

Abstract

This article looks at the commercial sex phenomenon and how it has evolved in South Africa. The article evaluates the challenges that commercial sex workers face in South Africa and argues that the dignity of sex workers as citizens of South Africa are infringed and it would seem that little is being done to protect these sex workers due to the nature of their work. It is argued that sex workers are still entitled to the rights enshrined in the Constitution despite the illegality of sex work. It argues further that commercial sex work continues to exist in South Africa despite its illegality and it would be prudent to address the challenges that encourage sex work as the criminalization of this type of work does not seem to minimize its existence. The article examines the case of Kylie v CMMA which has been subject to much debate recently. It also makes a comparative case study of Canada and Sweden’s law on sex work, its challenges, methods and laws adopted to curb the practice. Based on this, it determines the lessons which South Africa can learn from these two countries regarding criminalization of sex trades.

DOI: 10.5901/mjss.2014.v5n1p769