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IOL News
a day ago
- IOL News
Decriminalisation of sex work: Western Cape High Court plans amici curiae hearings in September
After years of delays and no clear timeline for change, a sex worker known as S.H. together with SWEAT (the Sex Workers Education and Advocacy Taskforce), decided to take legal action. Image: Armand Hough/Independent Media The Western Cape High Court will hold a special hearing in September after several civil society groups applied to join the case on the decriminalisation of sex work as amici curiae (friends of the court). The hearings are set to take place between 1-2 September. In 2022, the Decriminalisation Bill was introduced, but progress in legalisation has been deemed by those affected as too slow, sparking legal action. After years of delays and no clear timeline for change, a sex worker known as S.H., together with SWEAT (the Sex Workers Education and Advocacy Taskforce), decided to take legal action. S.H. and SWEAT filed a case in May 2024 to challenge the laws that criminalise adult sex work, arguing that these laws violate constitutional rights like equality, dignity, safety, privacy, and health. In the court documents, SWEAT, on behalf of the sex workers, explained that the applicants are challenging the ban and criminalisation of the sale, the offer for sale, and the buying of sexual services by adults. They are challenging section 20(1A)(a) of the Sexual Offences Act 23 of 1957 (the Sexual Offences Act); section 19/(2) of the Sexual Offences Act; and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Amendment Act). Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading In early 2025, the government (the Department of Justice) filed a response saying it supports decriminalisation and asked the court to give Parliament time to finish fixing the Bill. The September hearings will involve several organisations — from public health researchers to feminist lawyers to religious groups — who have asked to join the case as amici curiae. Some are in support of decriminalisation, and others are opposed to the case, wanting to argue that criminalisation should stay. Those seeking to join in support of SWEAT include: Treatment Action Campaign, Sonke Gender Justice, Socio-Economic Rights Institute of South Africa, Survivor Exit Foundation, United Nations Working Group on /discrimination Against Women and Girls, South African Human Rights Commission, Access Chapter 2, Amnesty International South Africa, GenderDynamix, Cause for Justice, The African Policing Civilian Oversight Forum, The Centre for Human Rights (University of Pretoria) and the Dullah Omar Institute for Constitutional Law, Governance and Human Rights (University of the Western Cape), Women's Legal Centre Trust and Triangle Project. Some of these opponents have now applied to become full respondents (official parties to the case). SWEAT added that the opponents have also stated that they need to be allowed to join as respondents, as the Department of Justice is no longer opposing it, and they believe that they are doing this in the public interest. The applicants are seeking: All pending charges and criminal proceedings relating to sexual services solicited, engaged in, rendered or received by adult persons brought under the rubric of the impugned provisions must be withdrawn. The criminal records of any person who has, since 16 December 2007, been convicted of rendering, engaging in or receiving sexual services in terms of the impugned provisions must be expunged, and Any person serving a sentence pursuant only to a conviction falling within the terms of the above must be released. In court papers, SWEAT said although there are no agreed on, or recent, estimates of the number of adult sex workers in South Africa, in 2015, there are estimated to be between 131,000 and 182,000 adult female sex workers in country, but that number does not account for adult male sex workers, or transgender or non-bínary sex workers. They also mentioned that in the fourth quarter of 2023, the informal sector accounted for 19% of total employment in South Africa, and is the fastest-growing sector of the economy. The main case of the decriminalisation of sex work is expected to be heard towards the end of 2025 or early 2026.
Eyewitness News
03-06-2025
- General
- Eyewitness News
Sex workers offer Justice Department help
Sex workers and activists are calling for urgency reviving a bill to decriminalise sex work bill, which is currently being drafted for the second time. On Monday 2 June, members of Sex Workers Education and Advocacy Taskforce (SWEAT) and the Asijiki Coalition set up desks and chairs outside the offices of the Department of Justice (DOJ) in Cape Town. The mock 'help desk' was meant to represent sex workers and the DOJ drafting the bill together, with the seat reserved for the DOJ left empty. A large sign at the desk read: 'Sex workers are here to help you to redraft the bill.' 'Maybe they will come down and draft the bill with us,' said Lloyd Rugara, provincial coordinator for the Sisonke National Sex Work Movement. It's been two years since the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 was withdrawn and sent back to be revised. In May 2023 state law advisors raised concerns about the bill's lack of regulation, according to former deputy minister John Jeffery. The new deputy minister Andries Nel has since taken office. Sex worker organisations have demanded a clear timeframe for the bill's implementation, consultations with sex workers, and the prioritisation of the 'long-delayed reform'. Constance Mathe, national coordinator at Asijiki, said that since funding cuts from USAID caused sex worker-friendly clinics to close down, sex workers have struggled to access health services at public facilities. They face stigma and long waiting hours at clinics and hospitals, she says. Mathe says that the decriminalisation bill would mean sex workers would be recognised under labour laws and would have safer working conditions. Mathe also raises concerns over the lack of consultation with sex workers during the second drafting of the bill and says that the drafting process was taking too long. 'No redrafting can take two years,' says Mathe. DOJ official Ashika Singh came outside to meet the activists. She said the DOJ would give them a response within three weeks. This article first appeared on GroundUp. Read the original article here.
Daily Maverick
03-06-2025
- General
- Daily Maverick
Activists offer to help Justice Department redraft long-delayed Bill to decriminalise sex work
Sex workers and activists set up 'mock desks' outside the department in Cape Town in a call to fast-track the Bill. Sex workers and activists are calling for urgency reviving a bill to decriminalise sex work, which is being drafted for the second time. On Monday, 2 June, members of Sex Workers Education and Advocacy Taskforce (Sweat) and the Asijiki Coalition set up desks and chairs outside the offices of the Department of Justice (DOJ) in Cape Town. The mock 'help desk' was meant to represent sex workers and the DOJ drafting the bill together, with the seat reserved for the DOJ left empty. A large sign at the desk read: 'Sex workers are here to help you to redraft the bill.' 'Maybe they will come down and draft the Bill with us,' said Lloyd Rugara, provincial coordinator for the Sisonke National Sex Work Movement. It's been two years since the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 was withdrawn and sent back to be revised. In May 2023 state law advisers raised concerns about the Bill's lack of regulation, according to former deputy minister John Jeffery. The new deputy minister, Andries Nel, has since taken office. Sex worker organisations have demanded a clear timeframe for the Bill's implementation, consultations with sex workers, and the prioritisation of the 'long-delayed reform'. Constance Mathe, national coordinator at Asijiki, said that since funding cuts from USAID caused sex worker-friendly clinics to close down, sex workers have struggled to access health services at public facilities. They face stigma and long waiting hours at clinics and hospitals, she says. Mathe says the Bill would mean sex workers would be recognised under labour laws and would have safer working conditions. Mathe also raised concerns about the lack of consultation with sex workers during the second drafting of the Bill, saying the drafting process was taking too long. 'No redrafting can take two years,' she said. DOJ official Ashika Singh went outside to meet the activists. She said the department would give them a response within three weeks. DM
