To: The Department of Justice and Constitutional Development: Minister Mmamoloko Kubayi.

Nothing About Us, Without Us: Include Sex Workers in the Review of the Sex Work Bill!

The review of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2022 (the “Sex Work Bill”) is a crucial moment for the rights, health and dignity of sex workers in South Africa[1]. After decades during which adult consensual sex work has been criminalised, this Bill presents a unique opportunity to shift law and policy from punishment to protection. Without the meaningful participation of sex workers themselves, however, the process risks reproducing exclusion, stigma and harm[2].
We demand:
  1. Conduct and publish a comprehensive socio-economic impact assessment (SEIA) for the Sex Work Bill, addressing the lives of sex workers, the informal economy, health services access, and labour rights.
  2. Ensure meaningful inclusion of sex workers and sex worker-led organisations at all stages of the Bill’s review, drafting, consultation, amendments, and implementation.
  3. Provide a clear public timeline for the Bill’s next stages:
  • By June 2026: publish revised Bill draft for public comment.
  • By September 2026: Complete national consultation hearings (including regional, language-accessible sessions).
  • By November 2026: table the final Bill in Parliament
     4. Adopt a rights-based, feminist and labour-informed framing of the Bill.
         (The final law must centre the safety, health and dignity of sex workers.)



Why is this important?

Sex workers in South Africa face daily violence, police harassment, and social exclusion, much of which is worsened by criminalisation. True reform cannot happen if the people most impacted are treated as an afterthought[3]. The Constitution guarantees everyone’s right to equality, dignity, and participation in decisions that affect their lives. Excluding sex workers violates these principles and undermines South Africa’s human rights commitments[4].Decriminalisation must be built with sex workers, not for them. Their voices, expertise, and lived experience are essential for creating laws that protect rather than punish[5].

Sign this petition to demand that the Department of Justice and Parliament immediately act: include sex workers and sex worker-led organisations in the review process, publish the SEIA, communicate a clear timelines, and ensure that the Bill is developed with those most affected, not for them.

Because nothing about us, without us! Everyone deserves a seat at the table!

References


  1. Asijiki Coalition for the Decriminalisation of Sex Work, n.d. Sex Work and Human Rights Fact Sheet. Available at: https://asijiki.org.za/wp-content/uploads/Sex-work-and-human-rights_Asijiki-Fact-Sheet_Web.pdf [Accessed 4 Nov. 2025].
  2. AVAC, 2023. Decriminalisation of Sex Work Prevents HIV — South Africa Could Overturn Its Outdated Laws. Available at: https://avac.org/blog/decriminalization-of-sex-work-prevents-hiv-south-africa-could-overturn-its-outdated-laws/ [Accessed 4 Nov. 2025].
  3. Human Rights Research Centre, 2025. The Case to End the Criminalisation of Sex Work in South Africa. Available at: https://www.humanrightsresearch.org/post/the-case-to-end-the-criminalisation-of-sex-work-in-south-africa [Accessed 4 Nov. 2025].
  4. Human Rights Watch, 2019a. Why Sex Work Should Be Decriminalised in South Africa. Available at: https://www.hrw.org/sites/default/files/report_pdf/southafrica0819_web_0.pdf [Accessed 4 Nov. 2025].
  5. Human Rights Watch, 2019b. Why Sex Work Should Be Decriminalised [online]. Available at: https://www.hrw.org/news/2019/08/07/why-sex-work-should-be-decriminalized [Accessed 4 Nov. 2025].
  6. Institute of Race Relations, 2022. Submission on the Sexual Offences and Related Matters Amendment Bill. Available at: https://irr.org.za/reports/submissions-on-proposed-legislation/irr-submission-on-sexual-offences-amendment-bill-2022.pdf [Accessed 4 Nov. 2025].
  7. SECTION27 & Treatment Action Campaign, 2023. Joint Submission on Sex Work. Available at: https://section27.org.za/wp-content/uploads/2023/02/Joint-Submission-by-SECTION27-and-the-Treatment-Action-Campaign-31012023-1.pdf [Accessed 4 Nov. 2025].
  8. De Rebus, 2023. The De-criminalising of Sex Work in South Africa: A Brief Trajectory. Available at: https://www.derebus.org.za/the-decriminalising-of-sex-work-in-south-africa-a-brief-trajectory-overview-of-the-criminal-law-sexual-offences-and-related-matters-amendment-bill-of-2022/ [Accessed 4 Nov. 2025].