NPA Puts Halt to Sex Worker Prosecutions Amid Court Case for Legal Reform in South Africa

NPA Puts Halt to Sex Worker Prosecutions Amid Court Case for Legal Reform in South Africa

  • The National Prosecuting Authority (NPA) has placed a moratorium on the prosecution of sex workers
  • This comes after calls and a pending decision from the court for the decriminalisation of sex workers in South Africa
  • The Western Cape High Court is set to hear legal arguments that could redefine the future of sex workers

The Western Cape High Court is expected to hear legal arguments that could reshape the future of sex workers in South Africa, this coming week. This comes after the National Prosecuting Authority (NPA) issued a moratorium on prosecuting sex workers in South Africa.

This comes after the the National Prosecuting Authority (NPA) issued a moratorium
The Western Cape High Court is set to hear legal arguments that could redefine the future of sex workers. Image: RUNSTUDIO/Getty Images
Source: Getty Images

Growing calls to decriminalise sex workers

The Sex Workers Education and Advocacy Taskforce (SWEAT) stated that the criminalisation of sex workers is unconstitutional. SWEAT said that the decriminalisation is part of the government policy.

SWEAT said that it noted that the move forms part of the national strategic plan to address gender-based violence and is also aligned with government policy to reduce HIV infection rates. it said that this is the main reason why the Department of Justice is not fighting the case.

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R8 billion in tax revenue

SWEAT said that the department already knows and have intentions to decriminalise sex workers. It said that the problem is prioritising. SWEAT said that the workers are calling on the government to start prioritising their own policies.

It is alleged that the illicit sex industry could generate an estimated R8 billion in tax revenue if decriminalised and regulated.

SWEAT said that it noted that the move forms part of the national strategic plan
SWEAT stated that the criminalisation of sex workers is unconstitutional. Image: RODGER BOSCH/AFP via Getty Images
Source: Getty Images

What you need to know about the NPA

  • Pastor Timothy Omotoso was found not guilty of rape in the Gqeberha High Court on 2 April 2025. The prosecutor in the case has come under scrutiny after allegations were made regarding his conduct.
  • AfriForum is demanding an explanation after the CweCwe rape case was officially closed. The National Prosecuting Authority (NPA) failed to prosecute anyone over a lack of evidence.
  • The National Prosecuting Authority announced that it intends to appeal the acquittal of televangelist Timothy Omotoso. Omotoso was found not guilty of rape after he had a trial that lasted for more than several years.
  • Mmamoloko Kubayi has ordered that all National Prosecuting Authority’s prosecutors undergo lifestyle audits. The Minister of Justice and Constitutional Development made the announcement following a Portfolio Committee sitting.
  • The NPA on 25 February 2025 withdrew the state's fraud case against former Johannesburg mayor Kabelo Gwamanda. Gwamanda and a co-accused, Mduduzi Zondo, were charged with defrauding clients of their funeral insurance scheme.
  • Helder Isidro made his first appearance in the Pretoria Magistrates' Court, where he is charged with murder. The National Prosecuting Authority (NPA) revealed how Isidro lured his victim through social media.

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Joburg sex workers slapped with life imprisonment

In a previous article, Briefly News reported that the Gauteng High Court was emphatic in sentencing two Johannesburg sx workers to life imprisonment for murdering their client.

On 13 April 2019, the two women, Refilwe Mokgotlo and Julia Rihlampfu left Tshwane and visited an establishment in Fourways to look for clients.

Source: Briefly News

Authors:
Justin Williams avatar

Justin Williams (Editorial Assistant) Justin Williams is a multimedia journalist who recently completed his Bachelor of Arts (BA) degree in Film & Multimedia Production and English Literary Studies from the University of Cape Town. He is a former writer and chief editor at Right for Education Africa: South African chapter. You can contact Justin at justin.williams@briefly.co.za