In what is being hailed as a victory for human rights in South Africa, the government has suspended prosecutions of sex workers pending the outcome of a landmark court case challenging the criminalisation of sex work.
The moratorium on the prosecution of sex workers was issued by the National Director of Public Prosecutions (NDPP), said the Sex Workers Education and Advocacy Taskforce (SWEAT).
“This decision — effective in all provinces nationwide — is a massive achievement for SWEAT and the sex worker rights movement,” the organisation stated.
LGBTQ+ rights group Access Chapter 2, welcomed the news, asserting that the moratorium “is more than a legal pause, it is an acknowledgement that the criminalisation of sex work is unjust and harmful.”
SWEAT’s Media Advocacy Officer, Megan Lessing, explained that the moratorium is a result of the organisation’s call for action after it observed a spike in arrests immediately following the launch of the case in Cape Town.
A Historic Court Case
SWEAT has asked the Western Cape High Court in Cape Town to declare unconstitutional several pieces of legislation that criminalise sex work in South Africa.
The case is set to begin on Monday, 1 September, with the court due to hear amicus applications from several expert groups seeking to participate in the proceedings.
Human Rights Watch described the case as “a moment decades in the making, which could bring real gains for the safety, dignity, and equality of sex workers.”
The Case Against Criminalisation
Activists argue that criminalising sex work does not make people safer and may in fact fuel human trafficking. It also forces sex workers underground, where they face a higher risk of violence and abuse — often at the hands of those meant to protect them.
For years, the government has signalled its intention to decriminalise sex work in South Africa. However, it has yet to present a final bill to Parliament, fuelling frustration among sex workers who remain on the margins of society, living under the constant threat of arrest.
Arrests Despite the Moratorium
Troublingly, despite the moratorium, SWEAT reported that several sex workers were arrested in Cape Town after it had already taken effect. The charges were later dropped.
“The human cost of such harassment is devastating. One of the women arrested on this occasion had very serious family responsibilities to attend to and was prevented from caring for her child because she was arrested and detained,” the organisation revealed.
“This cruelty demonstrates why full decriminalisation of sex work is the only solution: sex workers deserve to live and work without fear, stigma, or interference in their lives.”
