Question NW3895 to the Minister of Justice and Correctional Services

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14 December 2018 - NW3895

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

With reference to his reply to question 3135 on 15 November 2018, (a) who are the interested parties that his department may further consult and (b) will further research be conducted; (2) will his department consult other government departments regarding the regulations; if not, what is the position in this regard; if so, what are the relevant details?


1. (a) Various Constitutional Court cases have confirmed the principle that it is a constitutional imperative to facilitate public involvement in the legislative processes, which by implication includes the making of delegated legislation. If this important principle (which is sometimes referred to as participatory democracy), is not adhered to, the laws or regulations in question may be unconstitutional. Any proposed legislative proposal that gives effect to the South African Law Reform Commission Report on Adult Prostitution (Project 107) (the Report), will be subjected to a comprehensive and open public consultation process. By implication, all interested parties, who among others, will include organizations and establishments that represent persons involved in sex work as well as sex workers themselves, will be given an opportunity to raise their views. A public consultation process, because of its open and public character, ensures that everybody is given an equal opportunity to raise their views and acts as a counterweight to secret lobbying and influence-peddling.

(b) As indicated in the Reply to Question 3135, the Department is in the process of further researching aspects relevant to the Report in order to make legislative proposals that are best suited to our country.

2. The public consultation process discussed under paragraph (1)(a) above, will involve consultation with other Departments in the national, provincial and local sphere of Government due to the cross-cutting nature and implications of sex work. Any regulatory measure that deals with sex work and which may impact on the functions, resources or mandates of any other Department, will be drafted in consultation with the Department involved.

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