Court set to hear legal arguments for ruling whether to decriminalise sex work

Carlo Petersen

Carlo Petersen

1 September 2025 | 4:35

The case, lodged by the Sex Workers Education and Advocacy Taskforce, challenges the criminalisation of sex work as unconstitutional in a long running bid to recognise the sex industry.

Court set to hear legal arguments for ruling whether to decriminalise sex work

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CAPE TOWN - Activists and their opponents are set to face off in court this week as the Western Cape High Court hears legal arguments for a ruling on whether sex work should be decriminalised.

The case, lodged by the Sex Workers Education and Advocacy Taskforce (SWEAT), challenges the criminalisation of sex work as unconstitutional in a long running bid to recognise the sex industry.

Pending a court decision, the National Prosecuting Authority (NPA) issued a moratorium on the prosecution of sex workers while the case is being heard.

SWEAT spokesperson Megan Lessing said the illicit sex industry could bring in a potential tax revenue of R8 billion if decriminalised.

Lessing said sex workers often become victims of violence and are exposed to health risks due to the industry being unregulated.

"There's research that the government has done in terms of what sex workers experience, the level of violence that they experience both from communities in terms of stigma, often physical and sexual violence, and then also the vulnerabilities in terms of health."

Lessing said the decriminalisation of sex work is already part of government policy and the Department of Justice has opted not to oppose the case.

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