17 August 2026
Sex workers and activists protested outside Parliament in May 2024, calling for the decriminalisation of sex work to be fast-tracked. Archive photo: Liezl Human
The long-awaited draft sex work decriminalisation bill will return to Parliament for consideration, three years after it was sent back to be redrafted.
Department of Justice spokesperson Samuel Modipane revealed to GroundUp that the draft bill will be sent to Cabinet for a decision “on policy issues” and to “request approval” to put the bill out for public comment.
After years of consultations, the draft Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, which includes decriminalising sex work, was withdrawn to be redrafted in 2023.
In June 2025, SWEAT called on the Department of Justice and Constitutional Development to prioritise the “long-delayed” bill.
Then in September last year, a directive issued by the National Prosecuting Authority (NPA) stated 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 sex work.
Now the justice department appears to have resolved some of the issues initially raised by state law advisers about the bill’s lack of regulation.
The bill will be published in the Gazette for consultation this year and then submitted to Cabinet for approval to introduce it into Parliament, said Modipane.
The bill will likely be introduced to Parliament in 2027, he added.
SWEAT and the Asijiki Coalition have welcomed the progress made by government to get the draft bill back to Parliament. Archive photo: Ashraf Hendricks
Yonela Sinqu from the Sisonke National Movement said many sex workers have struggled to access health services due to stigmatisation at clinics.
A sex worker in Joburg told GroundUp that the delay in gazetting the bill had left sex workers vulnerable. She said immigrant sex workers are increasingly being targeted by police.
“I have three children who depend on my sex work job to survive,” she said.
A Vereeniging sex worker described conditions at the brothel where she works. “We are abused and are not allowed to report it or speak out. Our working conditions need to improve,” she said.
Constance Mathe from SWEAT and the AsijikiCoalition said the bill drafting had involved consultations with government departments, including Employment and Labour, SARS, Social Development, SAPS, and Home Affairs. Throughout, activists have maintained close communication with officials.
“Our most recent engagement was last week. We remain optimistic that the bill will be published and tabled in 2027,” said Mathe.
She said Asijiki and SWEAT were still in talks with the justice department about the NPA moratorium on prosecutions.
