The Western Cape High Court is set to deliberate on a groundbreaking case that could reshape the future of sex work in South Africa. Three weeks after Julius Malema, the leader of the Economic Freedom Fighters (EFF), ignited controversy by advocating for the decriminalisation of sex work, the focus now shifts to court proceedings initiated by the Sex Workers Education and Advocacy Taskforce (SWEAT). The group is contesting the criminalisation of sex work, arguing that it is unconstitutional and demands urgent legislative reform.
Julius Malema had emphasised that sex work should be viewed as legitimate labour, deserving of legal protection and workers’ rights. His remarks came in the wake of increasing concerns over violence and discrimination that sex workers face, making the push for legal recognition all the more pressing. “We need to end police abuse and discrimination against sex workers by granting them legal standing,” he asserted, engaging in a dialogue that highlights the often-overlooked rights of one of the country’s most marginalised groups.
Megan Lessing, the National spokesperson for SWEAT, informed Newsnote that the Justice and Constitutional Development Department has stepped back from its opposition to the case. “The department will not be part of the case anymore since it has withdrawn its opposition to the matter,” she noted, adding that the department has expressed intentions to decriminalise sex work. This has opened the door for various alliance partners, including the Women’s League of Centre and Sonke Gender Justice, to apply for amicus curiae status to lend support to the case.
Despite the department’s withdrawal, Lessing indicated that another organisation has opted to oppose the decriminalisation efforts. Nonetheless, she remains optimistic that the court will take the matter under serious consideration. “The illicit sex industry could generate around R8 billion in potential tax revenue if decriminalised and regulated, contributing positively to government efforts against gender-based violence,” Lessing explained, underlining the intersection of economic and social justice.
Moreover, addressing gender-based violence forms a core part of the national strategic plan, and decriminalising sex work aligns with broader government policy objectives aimed at tackling the HIV infection rate. “It is part of the national strategic plan to address gender-based violence and it’s also part of government policy in terms of addressing the HIV infection rate,” added Lessing, illustrating the potential wide-ranging implications of this case.
With SWEAT advocating for more than two decades for the repeal of punitive laws outlined in the Sexual Offences Act 23 of 1957 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, this court case represents a defining moment in the struggle for sex workers’ rights in South Africa. The outcome of the hearing could either pave the way for a more equitable framework that acknowledges the rights of sex workers or reinforce existing stigmas and criminalisation.
