Blog

EQUALITY MODEL BEST PROSTITUTION POLICY

Op-ed written by Nozizwe Madlala-Routledge was published on the Sunday Tribune on Sunday, May 19 2019

The trial of Philani Ntuli, the businessman accused of murdering 20 year old Siam Lee, was due to finally start on Thursday in Durban. As the defence was not ready it has been postponed once again. The full hearing is now due to take place at the end of July.

Lee was allegedly taken from a brothel masquerading as a massage parlour on the city’s Margaret Maytom Avenue by Ntuli in January last year. Following this he held her captive for more than a day at his home in Hillcrest, continued to beat her until she couldn’t move before setting her body on fire in a field in central KwaZulu-Natal. When she was found some hours later 90% of her body had been covered in burns. She was almost completely unrecognisable.

Ntuli is also charged with a litany of other charges related to Lee’s murder including robbery, reckless driving, failing to stop at the scene of an accident, fraud and unlawful possession of a firearm.

At a previous sitting, the court heard that in March 2016 Ntuli held another prostituted woman against her will at his home. He abused and raped her but she escaped. It is also alleged that he assaulted another woman, Lucky Mthembu, to whom he was engaged in 2015.

Most women who have survived the horrifically violent sex trade know the risk of violence even of murder – from a sex buyer is high. When a man pays for sex he often thinks he can do what he wants with you. There are few if any limits on his behaviour. Researchers have also found that male sex buyers are far more likely than other men to demonstrate a lack of empathy, to show traits of “hostile masculinity”, and are more likely to be violent – including a higher propensity to commit rape.

The South African Law Reform Commission (SALRC) recognises the high levels of violence within prostitution – and the clear inequality between the person paying for sex and the (usually) woman who is sold for it.  In 2017 issued a report supporting partial decriminalisation as one of two preferred options. This approach, also known as the Nordic or Equality Model, was pioneered by Sweden in 1999 and has since gained traction in Iceland, Norway, France, Northern Ireland, Canada, the Republic of Ireland and Israel.

Based on the principle of gender equality it decriminalises and mandates exiting services and support to prostituted women, while maintaining penalties on pimps, brothel-owners and sex buyers. This is the only approach which has widespread support from both women who have exited prostitution as well as mainstream feminist organisations.

Another alternative that pimps and brothel-owners openly support – total decriminalisation or legalisation – has not been endorsed by the SALRC because it fuels commercial sexual exploitation and sex trafficking.

We have seen Germany become a “giant Teutonic brothel” after it legalised all aspects of the sex trade in 2002. The University of Queensland found similar trends after ten years of legalised brothels in that part of Australia, where 90% of the sex trade continued to operate in the illegal sector. Following New Zealand’s decision to fully decriminalise the sex trade in 2003 very little has been done to stem the trend of children being trafficked into prostitution. Abuse is regularly concealed by the fact that activities such as pimping, brothel-keeping and buying sex are not regulated or monitored there. Former Prime Minister John Key has openly stated that he does not think the approach has worked.

Yet, despite the enormous evidence to the contrary our President Ramaphosa has still not rejected the failed experiment of full decriminalisation and come out in full support of the Equality Model, the only comprehensive policy in line with South Africa’s constitutional values of human dignity and gender equality.

My experience of working with survivors of prostitution has further convinced me that the Equality Model is the only solution that South Africa policymakers should consider. I hope to see our country respond to the SALRC report and become the first on this continent to enact a sex trade law that reflects the principles upon which our constitution is based.

Lee’s case has shocked South Africa. The graphic nature of the violence that she was forced to endure has woken even more of us up to the realities that prostituted women are forced to face. As survivor Mickey Meji says: “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 sexual gratification”.

The time has come for us to decide what future we want for ALL of South Africa’s women and girls.

Nozizwe Madlala-Routledge is a former deputy government minister and founder of Embrace Dignity, which works to end commercial sexual exploitation in South Africa.

Read more

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