Blog

KWANELE SURVIVOR MOVEMENT OPEN LETTER TO THE PRESIDENT

 

An open letter to President Cyril Ramaphosa regarding  “decriminalisation of sex work” in South Africa

Dear Mr. President,

As women with first-hand experience of being prostituted in South Africa, we the movement of the survivors of the system of prostitution – predominantly poor black women from disadvantaged backgrounds – wish to express our shock, concern and disappointment at your recent support of the full decriminalisation of the sex trade at the opening of the newly built court in Johannesburg.

You state in your address that all relevant stakeholders will be – or have already been – consulted in this process. However, we do not feel that our viewpoint has been clearly heard. Our leader and founder wrote an open letter to you last year, stating our concern regarding the adoption of a resolution by the African National Congress to work towards decriminalizing the exploitation of vulnerable women and girls- referred to by you as “sex work”. Then, on the 23rd August 2018, two hundred of us, representing hundreds of other women from seven provinces delivered a memorandum requesting that you look into this matter and that you meet with us so that we can further elaborate on our arguments. However, we have yet to receive a response.

We would like to bring to your attention the fact that prostituted women do not wake up one day and choose to be prostituted. Prostitution is chosen for us by our colonial past and apartheid, persistent structural inequalities, poverty, past sexual and physical abuse, the pimps who take advantage of us and the men who pay to access our bodies for the sexual gratification.  Many of us have been severely injured, raped, degraded and even murdered by the pimps who sell us in this very exploitative system, and by the men who pay for access to our bodies. We think by now you should have started to understand why it is that we are concerned, disappointed and shocked that you pronounced that your government intends to fully decriminalise all aspects of the sex trade.

We need some clarity from you, in terms of what it is exactly that you mean by decriminalization of “sex work”? Do you mean decriminalization of pimping, brothel keeping and sex buying? If this is the case, please do take note of the following scenarios and let us know how your proposed and or preferred law will prevent this from happening?

Twenty-three years ago, Theresa “Trish” van der Vint said good bye to other prostituted women who were sexually exploited alongside her daily until late afternoon in the three-lined stretch of Old Faure Road near Eerste Rivier in Cape Town. Most of the women who were older rushed home to be with their families but the then 16-year-old Trish stayed on the beat a bit longer. As dusk fell that Saturday, a man stopped his car near her and picked her up. Once she was in his car there was no way out.

A few hours later her body was found lying half-naked in the sand, covered with branches near a footpath near Macassar Beach. Her legs were spread apart, her skirt pulled up and her jacket twisted around her neck and face. She was the nineteenth recorded victim of the “Cape Prostitute serial killer”. Murdered on 15th May 1996, Trish was his last recorded victim and also the youngest.

Eight years ago, the boyfriend of a woman whose body was found stuffed in a drain near Wessels Street in Pretoria, suggested that Wendy Riketso could have been murdered by her Nigerian pimp, from whom she had run away. There were confirmations from others that the said pimp had been harassing her and had at several times attempted to kidnap her. She was reported to have been prostituted.

In April 2013, Nokuphila Khumalo, another woman who was reported to have been in prostitution, was beaten to death in Woodstock. Renowned artist Zwelethu Mthethwa has been convicted of her murder and it is claimed that he was a sex buyer.

On 18th August 2014, the headless body of a prostituted woman, Desiree Murugan, was found by municipal workers at Shallcross Stadium in Durban. It is reported that the four teenagers who were convicted of her murder had bought her for sex at the time and then murdered her. Since she was prostituted it was argued that she was an easy target for them.

As if all of this was not enough, in January 2018, another woman, twenty-year old Siam Lee went missing from what is reported to be a brothel in Durban North. Her charred body was found two days later on a farm in New Hanover. Philani Ntuli, the man accused of her murder, is reported to have been her last “client”. In fact, many women who are prostituted and members of KWANELE have since identified Philani as a sex buyer.

If your decriminalization law is implemented how can will this prevent cases similar to those reported here from happening? How will full decriminalization of the sex trade remove the permanent physical and psychological scars the prostitution system incurs on women? How will decriminalization teach men that women’s bodies are not for sale? Finally how will it assist South Africa achieve gender equality, dismantle patriarchy and end men’s violence on women?

Finally, we would like to bring your attention to the South African Law Reform Commission (SALRC) Report issued in 2017, which recommended that South Africa does not enact a law which fully decriminalises the sex trade. Instead, one of its two key policy recommendations was that the Republic follows the Nordic or Equality Model, which has been successful in ending the exploitative system of prostitution. It has gained momentum since it was first pioneered in Sweden in 1999, followed by Norway, Iceland, Canada, Northern Ireland, France, the Republic of Ireland and Israel. Founded on the principle of gender equality it recognises and reflects the inherent inequalities within prostitution and aims to protect the rights of prostituted individuals.

We look forward to your response on this very important issue and hope we can meet with you in person to discuss this further.

Regards,

KWANELE MEMBERS:

Mickey Meji                         Nonhlanhla Duma                 Nonhlanhla Mkhize             Dudu Ngwenya                   Yongama Vula
Assaria Sungano                Xoli Gwala                             Ntombikhona Mlondo          Xoliswa Gqabuza               Tamara Nkohla
Julia Kgatlhane                   Nonhlanhla Mkhize               Zonke Khawula                    Nomakhosi Maqabela        Nomhle Bengu
Linda Ketje                          Philile Ziqubu                       Thobile Mbhele                     Lisa Ayetuah                      Noluvuyo Vuthela
Babalwa Phuthumo             Nontando Ngcobo                 Nosisa Caluza                     Lumnka Nyarhashe           Nomvuyo Dlokwenu
Hilda Tlou                            Athini Shabalala                   Ntombenhle Buthelezi          Ntomnizandile Maweyi       Ncumisa Pondo
Sithembile Gumede            Fanele Mdletshe                   Nontsikelelo Madikazi           Thozama Mfuleni               Yonelisa Jack
Nompumelelo Limekhaya   Thembisile Mzolo                 Zandile Gumede                    Zingisa Hoyo                     Phumza Ngxeba
Zinhle Dlamini                     Mabongi Zikhale                  Thembi Dlamile                      Kelly Ngwenya                Nolukholo Dyantji
Mary Mkando                      Ayanda Mncwabe                Zandile Mlaba                        Pamela Qashani              Sizeka Nyeleka
Thulisile Khoza                   Khanyisile Molefe                 Mapule Dick                           Nontando  Nongwe          Zikhona Jawuka
Phindiswa Klaas                Sbongile Mbongwana           Phindile Sibiya                        Nolusindo Mfuleni            Ntombekhaya Khunjuzwa
Sphindile Cele                    Nandi Dlamini                       Nosihle Mthembu                    Faith Ncube                     Lwandile Somdaka
Pulani Lesole                      Nomusa Duma                     Sthembile Gumede                Nokuthula Qaqavu            Suzette Jacobs
Nolwazi Ngwenya               Zama Mthiyane                    Zandile Biyela                         Sindiswa Tiyane           Nandipha Maqabela
Dudu Manana                    Siziwe Mngwemba                Sphe Dhlomo                          Georgina Chima             Vuyiseka Tsetse
Delia Scheepers                 Hlengiwe Chili                       Nandi Bhebhe

Read more

VERA QWESHA’S STORY: PROSTITUTION CANNOT BE CONSIDERED AS WORK

Having grown up in a racially segregated country like South Africa, it was somewhat challenging to offer sex services to people I was not familiar with. I used my body to be defiled by different men from all over the world for money. Those clients came in different shapes and sizes with different racial groups such as Asians,Indians,Whites and Blacks. They had different tastes and preferences some wanted very strange or odd services.
As I reflect on my experiences, I came to realisation that the sex industry is not as glamorous as it is projected by those who lure people into it. There is untold economic, emotional and physical strife that prostituted women experience. Clients treat  “sex workers” like objects and consequently ill-treat them badly. Entering prostitution is to slip from one world to another because I could see many girls losing all that they had because of drugs, some were brutally killed, raped and strangled and some died through drug overdose. The memories are always resurfacing for sometimes at night I would lie down and tears will be rolling on my cheeks thinking about the pain and the trauma of prostitution up to different scents and smells of all those clients and also a lack of self-worth. The journey I traversed was very thorny and I can never wish it for anyone. I may have come back alive but the scars run deep.
Prostitution undermines women’s rights to gender equality and dignity by commodifying the sex act and treating women as objects to be bought, sold and abused. All women in prostitution are marginalized and exploited, therefore prostitution cannot be considered as work as it is a structural economic and patriarchal form of violence against women. As a result of this most prostituted women always say that they would leave prostitution if given other options as they do not regard it as dignified and decent work. And all the “sex workers” who have indicated with a high level desire that they would be doing something else under different circumstances, women expressed the desire for skills development programmes, formal jobs and assistance in business start-ups.
Vera Qwesha is a former drug addict, survivor of prostitution and author of My Journey from Grass to Grace, her own autobiography. 
Read more

NOKWANDA’S STORY: PROSTITUTION IS VIOLENCE AGAINST WOMEN

I do not want my children to follow up my footsteps.

I got into the system of prostitution when I was 13 years of age to assist my mother who was also at the time in the sex trade to raise my four younger siblings. Even though my mother was in the sex trade, life was not easy and we struggled a lot hence I had to also stepped in and assisted.

After my mom passed away, my life became so difficult that I ended up marrying a person who was a thief.  Being married to a criminal was not easy at all, that is what most of us women in prostitution are exposed to; eventually my husband was murdered leaving me with children to take care of.

This whole situation forced me to go back again to the street to sell my body in order to take care of my children. Prostitution has undermined my dignity so much that I am not even respected and I’m called names such as marhosha –  that what women who sell their bodies are called , sefebe – a whore etc in front of my children.

For most women in prostitution including myself, prostitution is not a free choice but a choice some of us had to make because of circumstances and those vary but in my case, it was poverty and seeing my mother doing it.

My mother was in the sex trade for many years yet she died having nothing and I came out of it empty handed hence because of this my siblings didn’t managed to finish school and our mother left us homeless, it is definitely not a future we can offer our girls as a profession.

The system of prostitution must end now; we need to deal with our poverty and to protect our dignity now. The life I live is not a life I’m proud of, we face many challenges in the streets with the buyers. They beat us, murder us and rape us and we are afraid of going to the police because they also do not take us serious.

I was not able to give my children a straight answer when they wanted to know where I work, to make matters worse they are all girls. I still would not be able to give anyone a straight answer even if prostitution is decriminalized tomorrow because it is not work to be proud of.

PROSTITUTION IS VIOLENCE AGAINST WOMEN.

Read more

ZENANDE STORY: PROSTITUTION IS VIOLENCE AGAINST WOMEN

My name is Zenande I am from the rural areas in the Eastern Cape.

I entered into the sex exploitation industry in 2011. I needed money and I was hoping to save that money to return to Varsity as I dropped out due to financial constraints.

I was so young and much in demand. Yet it was always difficult for me to price myself in terms of the services I offered. I came up with a plan to make it easier for me I asked a veteran prostituted woman who was a roommate of mine to put up the prices and she did.

From the onset the rules that I set were not being adhered to by these many men I encountered. It really depended on the money and the fantasy they had and most times they would change from the initial agreement and did as they pleased.

My first violation would be when someone would ask me “uthengisa ngamalini ? “– meaning how much are you selling for?

My heart would throb as I couldn’t give selling my soul to the devil a price and that price would be so disgraceful with my street experience I guarantee that there’s no amount of money that can compensate one for sexual intercourse with unknown males.

The other challenge is the time frame because as long as the man hasn’t reached an orgasm then he can have sex with you for however long he wants. And then there’s that gentle reminder with piercing eyes that says I have paid for having sex with you therefore submit yourself and let me finish “ngikhokhile,ungangijarhi!”  – meaning I paid so don’t rush me! I’ve also experienced being beaten up, raped and money taken back when I failed to fulfil the needs of these men.

The last straw for me was when I had a client for the night who ordered me to go down on him without any protection. He refused to use a condom and kept on bragging to us about how well off he was. He took me and a friend for the night for R2000 each. So our lives were worth a mere R2000.

I had to run around trying to find pep and in every clinic I went to I was told I knew my risk when I started selling my body therefore I cannot get pep. I had to pretend I was mugged and raped; it was easy because I had a blue eye and a broken rib from the struggle with that man so I got my pep. I realised I’d rather remain uneducated or seek any other way than let these men bruise and break me. The fact remains I got bantu education and today my matric is stale as I now celebrate 18 years of matric and nothing else. I am one of the few survivors that have internal scars but HIV negative by the grace of God.

Read more

ANC RESOLUTION TO DECRIMINALISE PROSTITUTION FAILS BLACK WOMEN

child (1)

Dear ANC Delegates and MPs,

Having been born and raised in the final years of apartheid I understood that the only movement that seeks to liberate the poor, black, and oppressed, was the African National Congress “ivili elinomkhonto” as my grandmother would say. So much so that when I was old enough to vote for the first time, in the second national democratic elections in 1999, there was no doubt in my mind that the only organisation I was going to vote for was the ANC. I was awed by your courage to challenge the apartheid system and its oppression of the people.

Many of you sacrificed much more than anyone else will ever do in their lifetime. For the liberation of the people and the country, you abandoned your families and went into exile. Some of you went to prison, and others paid the ultimate sacrifice – they gave their lives so that we, your children, could enjoy freedom, justice and equality.

It would be unjust not to acknowledge that the ANC was responsible for the democracy we now enjoy.

But with all due respect my Fathers, Mothers and elders, you have lost your way, and by so doing you will find yourselves on the wrong side of history.

As a black young South African woman who has always been disadvantaged, I was deeply disturbed to hear in the news in December that the 54th ANC Conference held at Nasrec adopted a resolution to support the full decriminalisation of prostitution and its recognition as “work”. By so doing, you have sent a clear message not only to us your daughters but the whole world how you would like us and our children, your grandchildren to remember you.

Women in prostitution do not wake up one day and “choose” to be prostituted. Prostitution is chosen for them by our colonial past and apartheid, persistent inequalities, poverty, past sexual and physical abuse, the pimps who take advantage of our vulnerabilities and the men who buy us in prostitution. Most women are drawn into prostitution at a young age, some as young as 13 years old. Women and girls in prostitution have almost no resources to help them exit the sex trade. There is currently no government support for pyscho-social services or economic empowerment programs to provide alternatives for women and girls in prostitution and those who are at risk of entering this very harmful exploitative “industry”.

Twenty thousand women, some of which are still amongst you in the ANC today, marched against the unjust apartheid system to the Union Buildings and vowed not to rest until they had won fundamental rights to freedom, justice and security for us, their children. Is this the freedom these women were fighting to win – the right for the privileged and powerful to buy us, their daughters for their sexual pleasure?

Your organisation has been in government for the past two decades. During this time the rich have become richer and the poor, poorer. You have yet to effectively address the inequalities caused by male domination, our colonial past and apartheid. While these inequalities remain your 54thconference resolution to fully decriminalize prostitution and recognize it as work will, in effect legitimize the exploitation of those made vulnerable by the inequalities the liberation struggle sought to end.

The decriminalization of prostitution and its recognition as work goes against the spirit and letter of our constitution. The Bill of Rights in Chapter Two of our constitution guarantees the right to life and human dignity. It guarantees the right to equality, bodily and psychological integrity and security of the person. Under no circumstances should these fundamental rights be denied or compromised. The state is under obligation to do all it can to protect these rights, including using the limitation clause. Prostitution undermines all the basic human rights in our constitution. There is no way the decriminalization of the sex trade can be justified and be in line with our constitution.

You speak about radical economic transformation. Is the decriminalization of prostitution and its recognition as work part of your plan to radically transform the lives of the poor, black and disadvantaged economically? Since under your proposed legal framework prostitution will now be “work” will a new curriculum be introduced at schools to prepare girls for this” profession”?

Our constitution promotes equality regardless of race, gender or economic status. I fail to understand how we will achieve gender equality by promoting the financial dependence of women on men. If women are to sell sex for survival this makes them dependent on men and that does not make them equal to men but puts them at the mercy of men.

There is strong evidence that points to the fact that women and girls in prostitution suffer gross human rights violations at the hands of those who buy them for sex, those who sell and exploit them for their financial benefit (pimps and brothel owners) and the police. Yes, I agree that the violence is perpetuated by the fact these women are criminalized and therefore receive no protection from the law. They fear re-victimization by the criminal justice system. I agree they those who sell sex should be decriminalized but there is no basis to decriminalize those who buy sex and those who sell women and girls (pimps and brothel owners). They must remain criminalized. They should not be given a license to exploit a position of vulnerability caused by gender inequality, unemployment and poverty.

Women in prostitution dream of a life free from oppression, patriarchy, and economic inequalities. A life where they have access to a wider array of dignified and decent employment options, where they can participate as citizens and not a “key population”, living on the margins of society.

I urge you to remember the goals of the Freedom Charter of which you, our Fathers, Mothers and Elders are the custodians. I remind you of International Human Rights Law, which grants women’s fundamental rights to dignity, equality, freedom from oppression and exploitation and the security of the person. My Fathers, Mothers and elders, I urge you to rethink your 54th conference resolution. Those who sell sex should be decriminalized but those who buy, sell and exploit them must remain criminalized.

I hope to hear from you soonest.

Your Daughter,

Mickey Meji (Founder & Leader of KWANELE Movement)

This article was published on news24 on the 28 January 2018. Click here to view the article.

Read more

INFO FACTS SHEETS ON PROSTITUTION

We advocate for partial decriminalisation – or the Equality Model – wherein the sellers are decriminalised and offered a way out of the system through comprehensive exit programs, and the buyers and third parties are criminalised: INFO FACT SHEET – OUR POSITION

Current Legal Framework on prostitution in SA: INFO FACT SHEET – LEGAL FRAMEWORKS

The system of prostitution places people exploited within it at high risk of HIV/AIDS infection. It is indisputable that total criminalisation – South Africa’s legal model regarding prostitution – worsens the position and compromises the safety of those vulnerable to infection in a number of ways: INFO FACT SHEET – HIV AIDS

There are a number of harms faced by prostituted people given South Africa’s current legislative Framework: INFO FACT SHEET – HARMS

Social, economic, political, cultural and legal factors place vulnerable people in a position where prostitution is the only option available for survival, therefore significantly decreasing chances of not only preventing entry, but exiting the system too: INFO FACT SHEET – EXIT

The Equality Law was first introduced in Sweden in 1999 and has been shown to be highly effective in reducing demand for prostitution and making the country in question a more hostile destination for traffickers:INFO FACT SHEET – EQUALITY MODEL

Read more