Statement by the Sex Workers Education and Advocacy Taskforce (SWEAT) on arrest and humiliation of Durban sex workers

On Monday, 13 January 2025 of nine women in Durban were arrested for alleged “loitering with the intent of prostitution” and their photographs were subsequently posted on the Durban Metro Police Service Facebook page and shared, at last check, 437 times. They were arrested at approximately 11h00 in the morning; taken to two police stations in the metro and released a little after 17h00 with fines.

This incident is a stark reminder of how outdated and discriminatory bylaws are abused by law enforcement officers to harass and humiliate vulnerable women, perpetuating stigma and violating their basic human rights. These laws do nothing to address community safety or well-being. They are used by law enforcement officers to be seen to be enforcing laws as opposed to actually arresting real criminals who cause harm to society. This creates an environment of fear, mistrust, and violence, pushing sex workers further into the shadows and away from the protections they deserve.

The ANC and our National Government has repeatedly stated their commitment to decriminalise sex work in South Africa in order to stop this type of mistreatment of women. The KwaZulu-Natal Provincial Government holds annual Decriminalisation of sex work Symposiums at which sex worker leaders and welcomed and feted as partners and comrades. But this does not change anything in the lives of ordinary sex workers in Durban and elsewhere who face this type of violation every day. We call on those politicians who constantly claim their support for the decriminalisation of sex work to stop talking and actually do something about it.

Bizarre bylaws such as these that have been cited by the Durban Metro Police Service are enabled by the National legislation which criminalises the buying and selling of sex in South Africa. This incident is however reminder that even after decriminalisation has been won there is a need to tackle these bylaws. It is surely unacceptable that even the most junior law enforcement officer is empowered to decide what a person’s intention is and, on this basis, arrest, hold and fine that person. This is in conflict with the basic presumption of our legal system whereby one is innocent until proven guilty beyond reasonable doubt in a court of law.

The public sharing of these women’s images by Durban Metro Police Service illustrates that their intention is not simply to enforce the law but to publicly humiliate people and show their power over vulnerable people that they are supposed to protect. This violates the women’s right to privacy and dignity, undermines their ability to live and work freely and reinforces harmful stereotypes.

SWEAT calls on our government for the immediate decriminalisation of sex work in South Africa. Decriminalisation is the only approach that will allow sex workers to work with dignity and without fear of arrest or abuse. It will enable sex workers to access healthcare, report crimes against them, and challenge exploitative practices without the risk of legal repercussions.

SWEAT will consider further action once all relevant parties have been consulted.

We urge policymakers, law enforcement, and the broader community to recognise that sex workers are human beings deserving of compassion, respect, and protection.

As a society, we must commit to addressing the root causes of inequality and building an inclusive South Africa where very person can live free from violence, stigma, and discrimination.

We will follow up with updates.

Issued by SWEAT

Sex Workers Education and Advocacy Taskforce

For more information, contact Megan at 0813067812/meganl@sweat.org.za

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