Government Moves a Step Closer Towards Decriminalising Prostitution in South Africa

• South Africans had mixed reactions after the government revealed it is closer to decriminalising sex work
• The Department of Justice and Constitutional Development said that a bill to decriminalise adult sex work is in the works
• The government’s decision came after continuous engagement with the sex work community

Tebogo Mokwena, Briefly News’ Deputy Head of Current Affairs, contributed coverage of international and local social issues, including health, corruption, education, unemployment, labour, service delivery protests, and immigration in South Africa, during his seven years at Daily Sun and Vutivi Business News.

PRETORIA, GAUTENG— The Department of Justice and Constitutional Development said that a legislative framework to decriminalise and regulate sex work is in the pipeline. South Africans had mixed reactions to the finalisation of a bill for sex work decriminalisation.

The Department told IOL on 9 April 2026 that after consultations and workshops, the development of a new legislation is at an advanced stage. According to department spokesperson Terrence Manase, a draft legislation will be prepared before it is given to Parliament for permission to publish the bill for public comment. The Deputy Minister of Justice Andries Nel met with sex worker organisations, including the Sex Workers Education and Advocacy Taskforce (Sweat).

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Discussions with sex work groups

Nel assured the groups that sex workers will not be registered and there will be no forced HIV testing. The discussions also ruled out zoning laws that could restrict where sex workers operate. Nel also reiterated the government’s commitment to decriminalise sex work. A draft bill for public comment was approved for public comment in 2022, but delays resulted in workshops for consultation being held in November 2025 and March 2026.

The workshops were a joint effort between different departments, including health, labour, home affairs, social development, the South African Police Service, the South African Revenue Service, and the National Prosecuting Authority. The consultations addressed issues such as determining which existing laws would cover sex work and creating new rules. Sweat welcomed the commitment to the bill and said that the time for consultation has passed and the time for action has come.

South Africans react

Netizens commented on the developments and shared mixed views.

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Meneer Pov Bunjwa joked:

“Meaning they can now stop hiding behind 'girlfriend allowance' and admit they are on duty.”

Kgomza McK said:

“So this means that credit cards will be accepted, and buying on instalment and sale will also be acceptable, provided they register with the NCA.”

Geatman Alex said:

“End of marriages. They will now come out in numbers and sell the items and come back home without fear.”

Koketso Makk Moholane asked:

“Are they going to pay tax?”

Siya Mdluli said:

“All the laughs go to Nasiphi Moya.”

3 Briefly News articles about sex work

• The South African Police Service raided a brothel run by a US national in Umhlanga, KwaZulu-Natal, on 17 August 2025. The police raided a massage parlour before raiding the brothel, where they found undocumented women from Korea and Thailand.
• Tshwane mayor Nasiphi Moya shut down a brothel in the CBD on 18 December 2025. She said the brothel was operated by Chinese nationals and followed a similar layout to the Iphi Ntombi bar, which was also shut down in Tshwane.
• Johannesburg's Safety MMC Dr. Mgcini Tshwaku denied that a pimp in Alexandra held him hostage during a raid. Tshwaku and members of law enforcement pounced on a brothel, and the brothel owner held them against their will after a conflict at the establishment.

Source: Briefly News