Journal Citation:
38(1) FORDHAM INTERNATIONAL LAW JOURNAL, 205-244 (2015)
This article traces the policing of sex
work through various periods in South
African history, including: occupation by
the Dutch East India Company, British
colonial rule, the apartheid regime, and
the post-1994 dispensation. The policing
of sex work is driven by a variety of
discourses on sexuality, morality, and
public health, as well as formal laws that
respond and give meaning to these
conflicting discourses. Although present
debates are shaped by the human rights
agenda, the treatment of sex workers can
be viewed as a reflection of the economic
and political considerations of each time.
Drawing from the Foucouldian concept of
'biopower', the author argues that the
present trend toward decriminalization of
sex work must be informed by the
historical conditions and local concerns
of the relevant community.