South Africa sex work prosecutions halted pending court case

The National Prosecuting Authority (NPA) in South Africa has issued a directive to prosecutors, instructing them not to enroll new cases related to sex work while a court case challenging the criminalisation of sex work is pending. This decision follows years of consultations and a draft bill to de‑criminalise sex work that was withdrawn in 2023 for redrafting.

In October last year, the Sex Workers Education and Advocacy Taskforce (SWEAT) launched legal action against the Minister and Director‑General of Justice and Constitutional Development, the National Director of Public Prosecutions, and the City of Cape Town. The Western Cape High Court recently ruled that dozens of organisations could join the case as friends of the court or respondents opposing the application.

Consequently, the NPA has halted prosecutions. Prosecutors have been instructed not to enroll new cases under the relevant sections of the Sexual Offences Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act. Existing cases will have their charges withdrawn, and where the accused has already pleaded, proceedings will be postponed pending the court’s ruling. If sex workers are arrested during this period, prosecutors will not enrol charges; any matters already enrolled will be either withdrawn or held in abeyance until the court decides.

NPA spokesperson Mthunzi Mhaga said the approach reflects the current legal trajectory and the constitutional obligations of the NPA to act in line with evolving jurisprudence and human‑rights considerations. SWEAT welcomed the moratorium, calling it a “massive achievement” for the sex‑worker rights movement, but expressed concern that arrests might continue despite the halt on prosecutions. In August, sex workers were still arrested in Cape Town, although the charges were later withdrawn. SWEAT is now urging the Minister of Police to agree to a moratorium on arrests of sex workers pending the litigation’s outcome.

The City of Cape Town’s law‑enforcement spokesperson, Wayne Dyason, stated that the city does not conduct arrests for prostitution but may issue fines for solicitation. The South African Police Service (SAPS) did not respond to a request for comment on whether it will continue to arrest sex workers. The court case remains ongoing, and its outcome will have significant implications for the criminalisation of sex work in South Africa.