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SEX WORK BILL: CONSULTATIONS CONTINUE ON REVISED PROPOSALS
- 20 November 2025
- Justice & Constitutional Development
- SA Legal Academy
Justice & Constitutional Development Deputy Minister Andries Nel has confirmed that the process of developing an appropriate legal framework for the sex work industry is ongoing.
Addressing a workshop on a ‘Decriminalisation & Regulation of Sex Work Bill’, the Deputy Minister emphasised the importance of ‘policy direction and regulation … that prioritises safety, dignity, and the rights of all persons in the sex work industry, while protecting the well-being of society as a whole’. This was noting:
- concerns about the constitutionality of a Criminal Law (Sexual Offences & Related Matters) Amendment Bill apparently finalised in 2023, and
- the need for legislation incorporating ‘a regulatory framework to ensure compliance’.
Released in draft form in December 2022 for public comment, among other things the Bill sought to repeal:
- the 1957 Sexual Offences Act, and
- section 11 of the 2007 Criminal Law (Sexual Offences & Related Matters) Amendment Act (engaging the sexual services of persons 18 years or older).
According to the Deputy Minister, the legal framework now envisaged is expected to:
- ensure ‘safe and healthy working conditions’
- reflect ‘constitutional values’, and
- reflect ‘the responsibilities of the various departments that will play a role in implementation’.
He also referred to a range of other imperatives, including:
- reducing the ‘stigma’ associated with sex work
- preventing and combating human trafficking
- ‘empower(ing) sex workers to advocate for their rights’, and
- balancing these objectives with ‘the interests of broader society’.
The workshop was held to unpack the practicalities entailed – nevertheless acknowledging that ‘regulating sex work is a complex and sensitive issue requiring thoughtful and informed engagement (among) people hold(ing) a wide range of opinions, often strongly’.
Published by SA Legal Academy Policy Watch
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