South Africa : Sex worker's voices drive historic legislative change

For more than two decades, sex workers in South Africa have fought for recognition, dignity and legal protection. Throughout this period, criminalisation has remained a significant barrier to their safety and human rights, exposing many, particularly women, to violence, discrimination, arbitrary arrests, extortion and limited access to healthcare and justice. Fear of victimisation has often prevented sex workers from reporting abuse or seeking protection from the very systems designed to uphold their rights.

At the centre of the movement for change is the Sisonke National Movement, a community-led organisation founded and led by sex workers. Over the years, Sisonke has worked tirelessly to advance the rights, dignity, health and economic inclusion of sex workers across South Africa. Its approach places those most affected by criminalisation at the heart of advocacy efforts, ensuring that lived experience shapes policy discussions and reform processes.

A major breakthrough was achieved during the reporting period when government announced that the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, commonly known as the Decriminalisation Bill, would be tabled before Parliament. While the legislation has not yet been enacted, the announcement marks one of the most significant milestones in South Africa's ongoing struggle for sex workers' rights. For thousands of sex workers who have spent years calling for legal reform, this development represents more than a policy shift. It signals recognition of their voices, experiences and demands for justice. It also demonstrates that sustained, community-led advocacy can influence national decision-making and bring previously marginalised voices into mainstream policy discussions.

One of the key moments leading to this progress was a meeting held in April between the Department of Justice and Constitutional Development, the Sex Workers Education and Advocacy Taskforce (SWEAT) and the Sisonke National Movement. The engagement provided a platform for sex workers to speak directly with government representatives about the realities of criminalisation and its impact on their daily lives. It also reinforced government's commitment to advancing the Bill after years of delays and uncertainty. This achievement did not happen overnight. It is the result of more than 20 years of coordinated advocacy involving Sisonke, SWEAT, legal experts, feminist organisations, public health advocates and human rights partners. Through policy submissions, consultations, research, public awareness campaigns and strategic partnerships, the movement has consistently highlighted the links between decriminalisation, gender equality, access to justice and reduced violence.

The Women's Voice and Leadership (WVL) project played an important role in supporting this work. The grant strengthened Sisonke's organisational capacity, enabling the movement to participate in high-level policy discussions, build partnerships and support community leadership. Most importantly, it helped ensure that sex workers remained at the centre of conversations about laws that directly affect their lives. Evidence of change can be seen in the government's public commitment to table the Bill before Parliament. After years of uncertainty, there is now a clear legislative pathway for reform. The announcement reflects growing recognition of the need to address the human rights concerns associated with criminalisation and acknowledges the value of consulting organisations led by those most affected.

As Terrence Manase, spokesperson for the Department of Justice Ministry, stated: “The development of new legislation is at an advanced stage. At last week's meeting, the deputy minister reiterated government's commitment to the issue of the decriminalisation of sex work.”

The urgency of reform has also been highlighted by advocacy organisations. SWEAT noted: “Sex workers cannot continue to wait for legal protection while facing ongoing criminalisation and harm. The time for consultation is passing. The time for action is now.”

Similarly, Sonke Gender Justice has pointed to the broader consequences of criminalisation, stating: “A legal framework that criminalises sex work has been shown to greatly increase sex workers’ vulnerability to violence and illness, particularly HIV, while reducing the likelihood that abuse will be reported.”

For Sisonke members, the significance of this milestone extends beyond legislative processes. It is recognition that the leadership, resilience and persistence of sex workers have helped shape national discourse on an issue that was once largely ignored. The progress demonstrates that when structurally excluded women are supported to organise, lead and advocate for themselves, meaningful systemic change becomes possible.

Looking ahead, the movement remains focused on ensuring that momentum is maintained throughout the parliamentary process. Sisonke, together with SWEAT and other human rights and gender justice organisations, will continue engaging government, parliamentarians, civil society groups and the media to ensure that the voices of sex workers remain central to the legislative journey.

The organisation is also investing in strengthening its membership base, supporting sex worker leadership and rebuilding organisational capacity following recent funding challenges. Continued documentation of lived experiences, public education and community mobilisation will be essential to sustaining progress and ensuring meaningful participation in policy processes. While the tabling of the Bill is a landmark achievement, Sisonke recognises that the journey towards full decriminalisation is not yet complete. The ultimate goal is not only legal reform, but also improved safety, reduced stigma and discrimination, equitable access to healthcare and justice, and full recognition of sex workers as rights holders. This moment stands as a powerful reminder that change is possible when communities organise, persist and speak for themselves. After more than two decades of advocacy, sex workers' voices are no longer on the margins of the conversation. They are helping to shape the future of law and policy in South Africa.