South Africa is on the brink of a historic legal shift as the Western Cape High Court prepares to hear a landmark case next week that could pave the way for the decriminalisation of sex work. The case, brought by the Sex Workers Education and Advocacy Taskforce (Sweat), challenges the constitutionality of existing laws that criminalise sex work – a move hailed by activists and human rights groups, and opposed fiercely by conservative organisations.
In anticipation of the court hearing, the National Prosecuting Authority (NPA) has issued a moratorium on the prosecution of sex workers, a rare and significant gesture that underscores the gravity of the case.
Sweat, which has long campaigned for the rights of sex workers in South Africa, welcomed the moratorium. A spokesperson for the organisation said, “The moratorium affirms the seriousness of the case and marks an important step toward recognising sex workers’ rights.”
The Department of Justice and Constitutional Development has also signalled its support for decriminalisation, having filed a response earlier this year urging the court to allow Parliament time to finalise amendments to outdated legislation. These amendments are aimed at repealing laws that many argue infringe on the rights and safety of adult consensual sex workers.
Yet not everyone agrees with the move. Cause for Justice (CFJ), a conservative civil society organisation, has entered the legal fray alongside 17 other aligned parties to argue against the proposed reform. CFJ insists that prostitution should remain criminal, claiming it causes widespread social harm.
A CFJ spokesperson stated: “Prostitution involves the commodification of the human body, reducing human beings to commercial sex objects or commodities for the sexual gratification of predatory individuals. It violates their personhood and equal dignity as members of the human family.”
CFJ further cited studies and testimonies that they claim show prostitution to be “inherently exploitative, violent and abusive”. According to the group, sex work contributes to the breakdown of families and communities and leads to a host of psychological and social problems.
While the moral debate rages on, the economic and public health dimensions of the industry have become increasingly difficult to ignore. Sex work is currently one of South Africa’s largest illicit economies – second only to the illegal wildlife trade. Estimated to be worth about R60 billion annually, it far surpasses the R41 billion generated by Gauteng’s entire tourism sector, and more than doubles the R31 billion valuation of South Africa’s legal cannabis market.
The sector employs an estimated 153 000 people across the country, the majority of whom work on the streets. The average age of entry into the profession is 24, and most sex workers retire in their early 40s after approximately 12 years in the trade.
Earnings vary widely across the industry. While a high-end escort in Johannesburg can charge up to R30 000 for an overnight booking, street-based workers often earn less than a third of what their top-tier counterparts do. Mid-tier services range between R1 000 and R1 500 per hour, and average monthly earnings hover around R30 000. At the upper end, workers can take home R150 000 or more each month.
If decriminalised and regulated, the industry could also become a significant contributor to the national treasury. Economists estimate that income tax collected from sex workers could exceed R8.4 billion a year – enough to cover school fees for nearly 380 000 pupils annually, at a government allocation of R23 000 per learner.
But behind these impressive figures lies a darker social reality.
According to studies cited by both sides of the debate, the risks associated with sex work – especially under criminalisation – are substantial. Roughly 70% of sex workers in South Africa reported experiencing sexual violence in the past year, and more than half endured multiple assaults.
Activists like Sweat argue that criminalisation itself fuels these dangers by forcing workers underground, stripping them of legal protections and making them vulnerable to abuse, extortion, and exploitation. They also argue that the law contributes directly to public health crises and exacerbates gender-based violence.
Lisa Welsh, a sex educator and counsellor, emphasised that criminalisation "pushes workers into the shadows, makes them more vulnerable to violence, exploitation and isolation, and it takes away their ability to report abuse."
A psychologist also weighed in, stating: “When the state tells you that your work makes you a criminal, it reinforces shame and isolation. That shame is internalised, and it bleeds into mental health. We see high levels of depression, post-traumatic stress and substance abuse among sex workers.”
The legislative attempt to address the issue is not new. In December 2022, Cabinet introduced a Bill to repeal criminal statutes related to consensual adult sex work. However, despite initial momentum, the process stalled, and the legal status quo remained unchanged.
The Sexual Offences Act still prohibits the buying and selling of sex. Operating a brothel is a crime, and even loitering with the intention of selling sex can result in arrest.
The political landscape remains fragmented. A 2024 GroundUp survey revealed that the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) both support full decriminalisation, including regulation of brothels and licensing of sex work. The Inkatha Freedom Party (IFP) supports workers' rights to safety and healthcare, while ActionSA favours partial decriminalisation – supporting workers but wanting solicitation and client-side offences to remain criminal.
The Patriotic Alliance supports regulation and taxation of the trade, but not decriminalisation of the clients. On the other end, the Freedom Front Plus stands firmly against any reform, while Rise Mzansi advocates for full legalisation based on constitutional rights. The ANC and the uMkhonto weSizwe party have not yet clarified their positions.
Parallel to the street and brothel sectors, South Africa’s digital sex economy has also surged. Platforms like OnlyFans have seen an explosion of South African creators. As of July, nearly 10 000 local content creators were active on the subscription-based site.
Nearly 90% of this content is kept behind paywalls, with subscriptions averaging just over $5 – or roughly R90 – per month. Median earnings for these digital workers hover around R500 000 a year, while top creators reportedly earn more than R2 million. Other niche platforms like Fansly and FeetFinder have built thriving fetish markets, where items like worn underwear, used socks and personalised videos sell for a premium.
Globally, the digital erotic content creator market is valued at around half a trillion dollars, making it one of the fastest-growing sectors in the online economy.
Meanwhile, back in the courts, the outcome of the Cape Town hearing could mark a turning point. While South Africa’s Constitutional Court upheld the criminalisation of prostitution in 2010, the Labour Appeal Court that same year suggested that certain workplace protections might still apply to sex workers – a hint of legal ambiguity that activists now hope to resolve.
Supporters of decriminalisation see next week’s hearing as a pivotal moment – not just in the fight for sex workers’ rights, but for broader issues of equality, dignity, and access to justice.
Regardless of which side the court favours, the decision will have deep implications for how South Africa treats one of its most marginalised and misunderstood communities – and whether the country is ready to reimagine its legal and moral frameworks around adult consensual sex work.
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