The,of,on,and,a Impact HIV/AIDS Law South Africa Perspective: Critique
Mmakgotso Mosinki Mongake.
Understanding the impact of HIV/Aids pandemic on the law and democracy lies in understanding the root causes of AIDS viz prostitution, especially unprotected sex, and other risky behaviour, how prostitution is defined, the rights of prostitutes in relation to the equality clause Section 9 of the Constitution Act 108 of 1996, section 20(1) of the Sexual Offences Act 23 of 1957, both the limitation and interpretation clauses (sections 36 & 39 of the Constitution Act 108 of 1996 respectively), the Employment Equity Act and the Labour Relations Act. That understanding will not be complete without the National HIV/AIDS STRATEGIC PLAN FOR 2000-20005, the practices of other countries, e.g. the Netherlands, the typologies of prostitutes, whether or not prostitution is a trade occupation or profession within the meaning of section 22 of the Constitution Act 108 of 1996, the attitude of the courts and the conceived obligation on the part of the State towards people afflicted with HIV/AIDS, the economic benefits that follows prostitution and finally my recommendation to the South African Law Commission.
I must hasten to point out that prostitution is an emotionally charged and controversial contemporary jurisprudential subject, which should not only be viewed from the legal point of view but also from the sociological, political and economic point of view. It is submitted that it is only through this holistic view that we will be able to get to grips as to "who is" and "who is not" a prostitute, the reality and practicability of prostitute in RSA, the forces driving such people to prostitution, the constitutional rights if any prostitutes have, the impact of prostitution on HIV/AIDS, lately but not least I will consider case law on this subject and finally I shall venture an opinion token recommendation to the South African Law Commission.
Mmakgotso Mosinki Mongake (South Africa)
Faculty of Law
Obtained B.Crim Justice in 1990 and Honours level of the same degree in 1996. Currently pursuing LL.B at North West University (Mafikeng Campus). Lecturer in the Department of Criminal Procedural Law at North West University (mafikeng Campus)
(30 min. Conference Paper, English)