In 2022, the government promised to change the laws that criminalise sex work by introducing a Decriminalisation Bill. But progress has been slow. The Bill hasn’t moved forward, and in the meantime, sex workers continue to face arrests, fines, violence, and stigma — just for doing their work.
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.
What Is Strategic Litigation?
Strategic litigation means using the courts to fight for justice — not just for one person, but to help change the system.
In this case, 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.
The case also asks the court to declare these laws unconstitutional. This is important, because once the Constitutional Court has found that the criminalisation of the buying AND selling of sex is not constitutional, no future government will be able to introduce legislation that will criminalise sex work again in future. It will also make it impossible for the current or any future government to implement the Nordic Model.
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.
But that’s not the end of the story.
The Amicus Hearing: 1–2 September 2025
Many organisations — from public health researchers to feminist lawyers to religious groups — have asked to join the case as amici curiae, or friends of the court.
Some support decriminalisation and want to add evidence to help the court make a rights-based decision.
Others are opposed to the case and want to argue that criminalisation should stay.
Some of these opponents have now applied to become full respondents (official parties to the case). They have also stated that they need to be allowed to join as respondents because the Department of Justice is no longer opposing it and they believe that they are doing this in the public interest.
That’s why the Western Cape High Court has called a special hearing on 1–2 September 2025 to hear all these amicus and respondent applications and decide who should be admitted.
The main case will follow later — likely towards the end of 2025 or early 2026.
How You Can Support
🧡 Spread the word – share this explainer or post with the hashtag #DecriminCourt
🧡 Amplify our voices – share sex worker stories and updates from the movement
🧡 Keep watching – we’ll post updates before and after the hearings