Decriminalise sex work bill back in Parliament years later
SWEAT and Asijiki Coalition welcome some progress made by government
Parliament will once again consider a long-awaited draft bill aimed at decriminalising sex work, three years after it was returned for redrafting. The Department of Justice spokesperson, Samuel Modipane, informed GroundUp that the bill will be sent to Cabinet for policy review and public comment approval. After extensive consultations in 2023, the 2022 Criminal Law (Sexual Offences and Related Matters) Amendment Bill, which includes decriminalising sex work, was withdrawn to allow for a revised version.
In June 2025, the Sex Worker Education and Advocacy Taskforce (SWEAT) urged the Department of Justice to prioritise the "long-delayed" bill. A directive from the National Prosecuting Authority (NPA) in September 2025 stated that sex workers would no longer face prosecution, pending the result of a court case initiated in May 2024 by sex workers challenging the criminalisation of sex work.
The justice department appears to have addressed some of the initial concerns raised by state law advisers regarding the bill's lack of regulation. The bill will be published in the Gazette for public consultation this year before being submitted to Cabinet for approval to introduce it into Parliament, as stated by Modipane. The bill is expected to be introduced in 2027.
Yonela Sinqu from the Sisonke National Movement highlighted that many sex workers have faced difficulties accessing healthcare services due to stigmatisation at clinics. A sex worker from Johannesburg expressed concern that the delay in gazetting the bill had left vulnerable individuals to the mercy of police. She revealed that immigrant sex workers are increasingly being targeted by law enforcement.
A Vereeniging sex worker described the abusive conditions at her brothel, emphasizing the need for improved working conditions. Constance Mathe from SWEAT and the AsijikiCoalition mentioned that the bill drafting process involved consultations with multiple government departments, including Employment and Labour, SARS, Social Development, SAPS, and Home Affairs.
Mathe expressed optimism that the bill will be published and tabled in 2027, as the justice department and activists have been in close communication regarding the National Prosecuting Authority's moratorium on prosecutions. GroundUp is an independent journalism outlet that relies on reader support.
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