South African Parliament: ZA Sex Work Decriminalisation Bill Returns

• The draft Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 will return to Parliament for consideration.
• The bill's introduction is expected in 2027, pending Cabinet approval.
• SWEAT and Asijiki Coalition have welcomed the development but remain concerned about ongoing discussions with the justice department.

The Department of Justice spokesperson Samuel Modipane revealed that the draft bill will be published in the Gazette for consultation this year and then submitted to Cabinet for approval to introduce it into Parliament.

The draft Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, which includes decriminalizing sex work, has been sent back to Parliament for consideration. This decision comes after the bill was withdrawn in 2023 to be redrafted. The Department of Justice spokesperson Samuel Modipane revealed that the draft bill will be published in the Gazette for consultation this year and then submitted to Cabinet for approval to introduce it into Parliament. The bill's introduction to Parliament is expected to take place in 2027, according to Modipane. This development has been welcomed by SWEAT and Asijiki Coalition, who have been advocating for sex work decriminalization for years.

The drafting of the bill involved extensive consultations with government departments, including Employment and Labour, SARS, Social Development, SAPS, and Home Affairs. Throughout this process, activists from SWEAT and Asijiki Coalition maintained close communication with officials to ensure that their concerns were addressed. The coalition's Constance Mathe stated that they remain optimistic about the bill's publication and tabling in 2027. However, there are still discussions ongoing between the coalition and the justice department regarding the National Prosecuting Authority's moratorium on sex worker prosecutions.

The delay in gazetting the bill has left sex workers vulnerable to exploitation and abuse. Many have struggled to access health services due to stigmatization at clinics, while others face increasing police targeting. A sex worker from Joburg shared her personal experience, stating that she relies on her job to support her three children and is worried about the potential consequences of the bill's delay. Another sex worker described the poor working conditions in a Vereeniging brothel, where they are subjected to abuse without being allowed to report it.

Lawyers should watch for the potential introduction of the bill in Parliament by 2027, which could impact their advice to clients on sex work-related matters.

Source: Original reporting via GroundUp