It was reacting to the passing of the long-awaited Sexual Offences Bill by the National Assembly.

The bill now goes to Parliament's second house, the NCOP, for concurrence, before it can be signed into law by the president.

Sweat's Nicole Fick said her organisation would make a submission to the NCOP, but if it failed to influence this process, it would explore other options.

The trust objects to a clause in the bill which makes prostitution a crime for the sex worker and the client.


Fick declined to elaborate, although in the past Sweat has threatened possible legal action.

The bill, which was supposed to have been approved by the Assembly in November, was not voted on at that time after an 11th-hour petition by Sweat.

This involved whether the bill was an ordinary section 75 bill or one that, given that it affected provinces, needed to be tagged a section 76 bill. The latter would involve provincial consultation and the approval of the various legislatures before it could become law.

Parliament's law advisers agreed that it was actually an S76 bill, a view that was lambasted by Deputy Justice Minister Johnny de Lange at the time, accusing them of being amateurish and unprofessional.

However, it was eventually agreed in May that the bill was an ordinary one and the National Assembly duly voted on it on Tuesday.

National Assembly chairperson Fatima Chohan said the delay was regrettable.

"The committee now calls on all role-players and organisations to pledge and actively support the implementation of this important legislation," she said.

It is a wide-ranging bill that also expands the definition of rape to include forced penetration of men.

Two weeks ago the Constitutional Court declined to pronounce on the issue.

"Penetration may now be anal or vaginal and the object of penetration may be a genital organ or even an object such as a bottle or gun," Chohan said.

Forced oral sex would also amount to rape and a victim of rape may be male or female.

Chohan said the bill created new crimes such as "trafficking of persons for sexual purposes" and "compelling a person to witness sexual offences" where for example, a woman is raped while her partner is compelled to watch.

It also creates crimes recognising the inherent vulnerability of children and people with mental disabilities.

She said the draft law would go a long way in clarifying and updating the law and establishing preventative mechanisms such as the register of sexual offenders.

"The bill is a combination of both shifts for the better, as well as shortfalls," said Meaka Biggs of Cape Town Rape Crisis.

Childline's Joan van Niekerk said: "It's most disappointing that legislators decided against implementing the full range of recommendations put forward by the SA Law Reform Commission."

She was referring in particular to those measures that might have contributed to improving the conviction rate and the court experience for adult and child complainants.

The exclusion of provisions allowing for the comprehensive treatment and care of rape complainants was also described as disappointing.


Independent Online, South Africa