South African sex workers and rights groups have filed a landmark lawsuit challenging prostitution laws, with civil society sharply divided ahead of a 2026 court hearing
South African sex workers and rights advocates have launched a constitutional challenge to overturn decades-old laws criminalizing prostitution, in a case that could reshape the country’s legal framework on sex work.
The lawsuit, filed by the Sex Workers Education and Advocacy Taskforce (SWEAT) and an applicant identified as S.H., contests the 1957 Sexual Offenses Act, the 2007 Sexual Offenses Amendment Act, and Cape Town municipal by-laws banning solicitation. The plaintiffs argue criminalization undermines rights to equality, dignity, and access to health protections.
This week, the Western Cape High Court admitted 16 civil society groups as amici curiae to present arguments for or against decriminalization ahead of hearings scheduled for May 2026. Justice Ministry spokesperson Terrence Manase said the broad participation would help the court “arrive at a just and equitable judgment on the broader issue concerning the decriminalization of sex work,” IOL reported.
Supporters, including the Treatment Action Campaign and Sonke Gender Justice, contend sex workers often avoid reporting violence due to fear of prosecution. SECTION27, representing the groups, said, “The organizations will present evidence of sex workers’ lack of trust in the police and evidence of sexual violence and rape perpetrated by the police.”
Opponents, such as Cause for Justice, argue prostitution commodifies human bodies for exploitation.