Bill's Return to Parliament
A draft bill that would decriminalise sex work in South Africa is set to return to Parliament for consideration, according to reporting by AllAfrica and EWN. The legislation, formally the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, was sent back for redrafting in 2023. Department of Justice spokesperson Samuel Modipane told GroundUp that the bill would now be published in the Government Gazette for public consultation before being submitted to Cabinet for approval to introduce it into Parliament. He said the bill would likely be tabled in 2027.
Modipane explained that Cabinet would be asked to decide on policy issues and to approve the bill's publication. The move follows a period of consultation and revision after state law advisers raised concerns about the bill's lack of regulation, which the justice department now appears to have addressed.
Advocacy Groups Respond
Constance Mathe of SWEAT (Sex Workers Education and Advocacy Taskforce) and the Asijiki Coalition said the bill's drafting had involved consultations with several government departments, including Employment and Labour, the South African Revenue Service (SARS), Social Development, and the South African Police Service (SAPS). She expressed optimism about the timeline: "Our most recent engagement was last week. We remain optimistic that the bill will be published and tabled in 2027."
SWEAT and the Asijiki Coalition have welcomed the progress, noting that the long-delayed bill is moving forward. In June 2025, SWEAT had called on the Department of Justice and Constitutional Development to prioritise the legislation.
Background and Context
The bill initially emerged in 2022 but was withdrawn in 2023 for redrafting. A significant development occurred in September 2025 when the National Prosecuting Authority (NPA) issued a directive stating that sex workers would no longer be prosecuted pending the outcome of a court case launched in May 2024 by sex workers challenging the criminalisation of their profession. This directive remains in effect while the case proceeds.
Mathe noted that Asijiki and SWEAT were still in discussions with the justice department regarding the NPA moratorium on prosecutions.
Voices of Sex Workers
The delay in the bill's progress has had real consequences for sex workers, according to reports. Yonela Sinqu of the Sisonke National Movement said many sex workers have struggled to access health services due to stigmatisation at clinics. A sex worker in Johannesburg told GroundUp that the delay has left sex workers vulnerable)Skip the rest. Here's the final article text:
A sex worker in Johannesburg said the delay had left sex workers vulnerable, with immigrant sex workers increasingly targeted by police. "I have three children who depend on my sex work job to survive," she said. Another sex worker, from Vereeniging, described conditions at her workplace, saying, "We are abused and are not allowed to report it or speak out. Our working conditions need to improve."