Decriminalisation and Regulation of Sex Work Bill: Consultation Update

Posted 20 November 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice & Constitutional Development is conducting ongoing consultations to refine the legal framework for the sex work industry following the initial release of a draft Bill in December 2022.

The Decriminalisation & Regulation of Sex Work Bill aims to fundamentally alter the legal landscape by repealing existing criminal provisions. Specifically, the Bill seeks to repeal the Sexual Offences Act, No. 23 of 1957 (formerly the Immorality Act) and Section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007. These sections currently criminalise the act of sex work and related activities.

The proposed regulatory framework is expected to address several administrative and legal imperatives, including:

  • The establishment of municipal zoning requirements to regulate where sex work may occur;
  • The implementation of health and safety regulations specifically tailored for the industry;
  • The application of existing labour laws to ensure the protection of workers’ rights; and
  • The development of mechanisms to protect vulnerable persons and prevent exploitation within the sector.

The Department has emphasised that the policy direction prioritises the safety, dignity, and constitutional rights of persons in the industry while balancing the well-being of the broader society. The ongoing workshops are intended to unpack the practicalities of regulation, acknowledging the complexity of transitioning from a criminalised to a regulated environment.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations at this stage; however, legal professionals should monitor the Bill’s progress to prepare for significant changes in criminal law and litigation strategy regarding sexual offences.
  • For your business: Firms specialising in labour law or occupational health and safety (OHS) will need to prepare for the eventual integration of sex work into formal employment frameworks, requiring new compliance templates and safety protocols.
  • For your clients: Clients in the property and hospitality sectors should be advised on potential changes to municipal by-laws and zoning regulations that may arise once the Bill is enacted and local authorities begin designating specific areas for regulated activities.

Originally published at https://legalacademy.co.za/news/read/sex-work-bill-consultations-continue-on-revised-proposals

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