In November of 2022 Cabinet approved the publishing of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 regarding the decriminalisation of sex work for public comments.
The Bill aims to repeal the Sexual Offences Act (previously the Immorality Act) of 1957 and also aims to repeal Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act of 2007 to decriminalise the sale and purchase of adult sexual services.
The proposals of this Bill respond to the list of interventions proposed in Pillar 3 (Protection, Safety and Justice) of the National Strategic Plan on Gender-Based Violence and Femicide; specifically, one of the key activities under Pillar 3 is the “finalisation of legislative processes to decriminalize sex work – fast-tracking and promulgation.” It was also a response to the 25 years of passionate activism by sex workers and their allies calling for the full decriminalisation of adult sex work in South Africa.
According to the DOJ, concerns have been raised by the State Law Advisors that the Bill may not pass constitutional muster if it does not also provide for the regulation of sex work. Subsequently DOJ contends that the Bill in its current form cannot proceed, and the next step will be to engage with relevant role-players and drafting provisions on the regulation of sex work. so as to ensure that a revised Bill is ready for introduction at the beginning of the next Administration.
While we acknowledge that the Department is taking care to submit a Bill that is beyond reproach, it must always be at the forefront that while many are interested in the issue of sex work, the process should be informed by those people who will be deeply and directly affected by the outcomes and decisions taken. And the unfortunate reality is that sex workers will continue to be affected by disproportionately high levels of physical and sexual violence, human rights violations, stigmatisation and barriers to access health care and justice while this process continues to roll out.
Therefore, we commit to, and also ask for a renewed commitment from all allies to, ensure that any regulatory interventions will not infringe on the rights of sex workers to have the freedom to work, to choose, to live, to be safe, to earn and to exist.
Yes, we are disappointed that the process is considerably delayed, but we are heartened by the statement made by DOJ Deputy Minister, John Jeffery during today’s Budget Vote Speech that, “the decriminalisation of sex work and the human rights of sex workers remain high on government’s human rights agenda.” We reaffirm our commitment to decrim and are ready to do whatever work is needed going forward to make it a reality.
We want to use this opportunity to thank each and every one who up until this point publicly, vocally and through action supported the decriminalisation of sex work in South Africa.
Our work is not yet done, and we ask you to continue with us on this journey.