The Case to End the Criminalisation of Sex Work in South Africa

Human Rights Research Center
Aug 29
3 min read

August 29, 2025

HRRC applauds the efforts to decriminalise sex work in South Africa. The approval of a 2022 bill by the South African cabinet has still not been enacted into law, and next month’s court hearing is of crucial significance. The safety of sex workers in the country is of paramount importance, especially given upwards of 70% have and continue to experience physical violence.

[Members of the Sex Workers Education and Advocacy Taskforce (SWEAT) demand decriminalization. [Image credit: SWEAT via Instagram]

At the start of September, The Western Cape High Court will open a hearing in which the case to halt the criminalisation of sex work in South Africa will be continued. Despite being introduced in 2022 the Decriminalization Bill has been delayed by a withdrawal of the draft bill in 2023, and an application from opposition groups to join the case earlier in the year.

Human rights experts are convinced that the decriminalisation of sex work within the country will have instant and long-lasting benefits for those employed within the industry. The primary aim being to vastly increase levels of safety for all sex workers, with subsequent crucial progress to be made in the areas of equality in regards to registered employment, and respect from a society that stigmatises this kind of work.

It is believed that there are approximately 150,000 sex workers who are active at any one time in South Africa, with over 90% of them being female. The lack of legal protection leaves them constantly vulnerable, and the risks to their health and well-being often come from more than one source, be it sex work facilitators, the clients or the police themselves.

At present sex workers are left isolated and alone, with no one to turn to when they are in need of help or assistance. Fear of arrest means they are more likely to seek support from individuals who all too often are their abusers, either violently or sexually. The ability to be a registered worker and receive protection from the country’s legal system and law enforcement is exactly why decriminalisation is so important.

Unfortunately, the decriminalisation of sex work in South Africa faces opposition. Cause for Justice (CFJ), a supposed human rights organisation in the country, stands against the bill, and in April of this year they submitted an application to intervene in the case. Their belief is that prostitution should be eliminated entirely as it is highly exploitative in nature, and no amount of legal representation can ever make it safe.

The likelihood of sex work being eradicated in South Africa, or in any other country, is extremely implausible, and therefore the priority should be making the industry as safe for those who are currently employed within it. The fight for the protection of sex workers in South Africa has continued for decades but now is at a crucial juncture when support for their cause must be present from those in positions of power.

Glossary

Abuse – harmful treatment, whether physical, emotional, sexual, or psychological.
Active – engaged, involved, or taking part in something.
Bill – a proposal for a new law that is presented to a legislature.
Cabinet – a group of top government officials who make decisions that affect how a country is run.
Criminalisation – the process of making an action or behaviour illegal by law.
Crucial juncture – a very important or decisive moment in time.
Decriminalization Bill – a proposed law to remove criminal penalties for certain actions.
Eliminated – completely removed or gotten rid of.
Enacted – made into law, officially put into effect
Equality – the state of being treated the same, without unfair privilege or discrimination.
Eradicated – destroyed or wiped out completely.
Exploitative – taking unfair advantage of others, often for personal gain.
Implausible – unlikely, difficult to believe.
Intervene – to step in and become involved, usually to prevent or change something.
Isolated – separated from others, cut off, or alone.
Legislation – laws or the process of making laws.
Likelihood – the chance or probability of something happening.
Long-lasting – enduring, continuing for a long time.
Matter of urgency – something that requires immediate attention or action.
Paramount – more important than anything else
Positions of power – roles or jobs where individuals have authority or control over others.
Sex-work facilitators – people who help organize, manage, or support sex work.
Stigmatises – treats someone or something as socially unacceptable or shameful.
Subsequent – happening or coming after something else.
The Western Cape High Court – a superior court in the Western Cape province of South Africa.
Vulnerable – open to harm, attack, or exploitation.
Well-being – the state of being healthy, safe, and content.

Sources

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The Case to End the Criminalisation of Sex Work in South Africa

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