South Africa is on the verge of removing criminal penalties from sex work, a move that could fundamentally reshape policing, public health, and gender-based violence policy. The Justice Department has confirmed that a draft Bill aimed at decriminalising adult sex work is now being finalised, marking one of the most significant shifts in the country’s approach to the “oldest profession in the world”.
At present, selling sex, buying sex, or deriving income from sex work is illegal in South Africa. However, government says the process to change that is now at an advanced stage, following extensive interdepartmental workshops involving more than a dozen state institutions, including Health, Police, Social Development, Labour, Home Affairs, the National Prosecuting Authority and the South African Revenue Service.
Decriminalisation of Sex Work
The Justice Department said on Thursday that the Bill is being finalised as part of a broader policy shift that has already been endorsed in principle by government and included in national strategies on gender-based violence and HIV, TB and sexually transmitted infections. According to the South African Government website, the update follows a meeting in Pretoria between Deputy Justice Minister Andries Nel and sex worker organisations, including the Sex Workers Education and Advocacy Taskforce (SWEAT), where officials provided an update on progress after months of technical work.
Cabinet first approved a draft version of the Bill for public comment in 2022. But the process stalled after legal advisers concluded that simply removing criminal penalties would not be enough. They said the law would also need to spell out how sex work would be regulated in practice, triggering further consultations and delays. The Wikipedia page on sex work highlights the complexities surrounding the issue.
Key Considerations
That led to additional rounds of workshops, held in November 2025 and again last month, bringing together government departments to work through practical questions around health protections, labour conditions, enforcement, and administrative oversight. According to officials, the aim has been to close legal and regulatory gaps while ensuring the new framework fits within existing systems. A key focus has also been determining which current laws can be extended to cover sex work, and where new legislation would be required.
Some of the key considerations include:
- Health protections for sex workers
- Labour conditions and rights
- Enforcement and administrative oversight
- Regulation of sex work in practice
Justice Department spokesperson Terrence Manase said the process is now well advanced. “The development of new legislation is at an advanced stage,” Manase said. “At last week’s meeting, the deputy minister reiterated government’s commitment to the issue of the decriminalisation of sex work.”
