DECRIMINALISING SEX WORK: 2022 DRAFT BILL TO BE REVISED

The Office of the State Law Adviser has raised concerns about the constitutionality of a draft Criminal Law (Sexual Offences & Related Matters) Amendment Bill released in 2022 for public comment. This is according to Justice & Constitutional Development Deputy Minister John Jeffrey’s 2023/24 budget vote speech.

In the view of the Office of the State Law Adviser – supported by the legal opinion of a Senior Counsel – the Bill must provide for the regulation of sex work if it is to pass constitutional muster.

To ensure that a revised Bill is ready for tabling in Parliament after the 2024 general elections, the Department of Justice & Constitutional Development intends ‘engaging with role-players’ and drafting the necessary provisions. This is noting that decriminalising sex work and ensuring that the human rights of sex workers are respected ‘remain high on government’s … agenda’.

Published by SA Legal Academy Policy Watch

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