The disturbing prevalence of sexual slavery in South Africa is variously attributed to extreme poverty, unemployment, war, lack of food, and traditional practices that make it acceptable to treat women as commodities. Such 'causes' are better understood as enabling conditions. The demand for sex workers, organised criminal syndicates and the failure of legal imagination are the real drivers of the South African market. The authors address this failure of legal imagination and suggest how the constitutional prohibition against slavery can be used to develop a legal doctrine of sexual slavery, as well as on appropriate set of remedies, that will assist the State in its efforts to eradicate sexual trafficking.
This article evaluates the claim that working conditions for farm workers and domestic workers inNo one may be subjected to slavery, servitude or forced labour. (Constitution of the Republic of South Africa, Section 13)
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