CCMA won't help sex worker

2007-01-24 22:23

Cape Town - The statutory commission for conciliation, mediation and arbitration (CCMA) has ruled it has no jurisdiction to deal with an unfair dismissal claim by a Cape Town sex worker.

Commissioner Bella Goldman said in a ruling given recently that the CCMA could deal only with a legally enforceable contract, and a contract dealing with a criminalised activity could not be enforceable.

She said that from the argument and examples presented by counsel for the sex worker, identified only as "Kylie", it would appear that the law on prostitution was not in line with the morality or prevailing views of society.

"However, it is not for an administrative body such as the CCMA to change the law," she said.

"Kylie" worked at Brigitte's, a licensed massage parlour in Voortrekker Road, Parow, until May last year.

Abused and exploited

Her advocate, Colin Kahanovitz, instructed by the Women's Legal Centre, had argued that sex workers fell into the definition of the "everyone" guaranteed fair labour practices by section 23 of the constitution.

He said sex workers as a group were abused and exploited, and by declining jurisdiction the CCMA, in effect, would be aiding and abetting this.

He also argued that the primary purpose of the CCMA was to resolve labour disputes, not combat crime, nor impose its own morality.

However, Goldman said: "Should sex workers be allowed into the jurisdiction of the CCMA, then the CCMA would be guilty of imposing its own morality in deciding that the Sexual Offences Act was out of sync with the values of modern society... That is the function of the legislature."

An 'important challenge'

Jayne Arnott, director of Sweat, an NGO championing the rights of sex workers, said she was disappointed with the ruling, on a matter which had offered an opportunity to access labour rights.

"But, I think it was important to challenge, and we will continue to do so," she said.

"Because we do have people who work, to all intents and purposes as employees, and they should be able to access labour rights in that regard."

- SAPA