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PREFACE

The Commission has decided that the most effective way of dealing with the myriad issues that have arisen during the investigation into sexual offences is to publish separate discussion papers in an attempt to:

• codify the substantive law relating to sexual offences in an easily accessible and workable act;
• develop efficient and effective legal provisions for the reporting, management, investigation and prosecution of sexual offences, which will protect the rights of victims as well as ensure the fair management and trial of persons suspected, accused and convicted of committing a sexual offence;
• provide workable legal solutions for the problems surrounding adult prostitution; and
• improve the regulation of pornography, also on the Internet.

This issue paper covers the third leg of the investigation. It reflects information gathered up to the end of July 2002. It has been prepared by a consultant, Ms Helene Combrinck of the Community Law Centre, University of the Western Cape, in conjunction with the research staff of the Commission and members of the Project Committee established for this investigation to elicit responses and together with those responses, to serve as a basis for the Commission’s deliberations. Although the issue paper does not contain a draft Bill, it does set out three legal options on the management of adult prostitution in Chapter 10. The Commission has covered all aspects related to child prostitution in Discussion Papers 85, 102 and 103.

The issue paper is published in full so as to provide persons and bodies wishing to comment or make suggestions for the reform of this particular branch of the law with sufficient background information to enable them to place focussed submissions before the Commission. The views and conclusions which follow should therefore not at this stage be regarded as the Commission’s final views.

After the consultation process, the Commission will prepare a discussion paper, with draft legislation if appropriate. The discussion paper and draft legislation will set forth the Commission’s preliminary recommendations and will again be subjected to a consultation process. Thereafter the Commission will prepare a report setting out its final recommendations. This report will be handed to the Minister for Justice and Constitutional Development who may implement the Commission’s recommendations by introducing the draft legislation in Parliament.

The Commission will assume that respondents agree to reference by the Commission to responses received and the identification of respondents, unless representations are marked confidential. Respondents should be aware that the Commission may be obliged to release information contained in representations under the Constitution of the Republic of South Africa Act 108 of 1996, pursuant to the constitutional right to freedom of information.

Respondents are requested to submit written comments, representations or requests to the Commission by 31 October 2002 at the address appearing on the first page.