Prostitution Prostitution laws in EswatinieSwatini
In Eswatini the exchange of sex for money is not itself a crime, but almost everything around it is. The Sexual Offences and Domestic Violence Act 2018 punishes commercial sexual exploitation (s. 13, up to 20 years) and promoting it, including by publishing information (s. 14). It also punishes procuring (s. 15), benefiting from or living on the earnings of another's prostitution (ss. 16–17) and keeping a brothel (s. 18, up to 15 years). The colonial Crimes Act 1889 still punishes soliciting "by words, signs, cards or in any other way" (s. 47) and loitering in public for prostitution (s. 49(1)(e)), with the burden on the accused to show another purpose. A 2019 legal-rights guide by the Southern Africa Litigation Centre and local groups says the loitering offence is the one often used against sex workers.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
Neither the Crimes Act 1889 nor the Sexual Offences and Domestic Violence (SODV) Act 2018 expressly makes selling or buying sex an offence. The SODV Act criminalises third parties: commercial sexual exploitation, promoting it, procuring, benefiting from or living on the earnings, and brothels. The 1889 Act's soliciting and loitering offences remain, and sex worker advocates say they are the ones used against sex workers.[1][2][3]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Restricted Breach: criminal offence | Selling sex is not itself an offence. Loitering in any thoroughfare or public place "for the purpose of prostitution or solicitation" carries a fine of up to E100 or six months (Crimes Act s. 49(1)(e)), and the accused must prove another purpose. Soliciting immoral acts "by words, signs, cards or in any other way" carries a fine of E600 or two years (s. 47(a)).[2][3] |
| Buying sexual services | Legal | There is no client offence as such. The Southern Africa Litigation Centre reads the SODV Act as criminalising neither sex workers nor clients, but third parties who benefit. The loitering and soliciting offences in the Crimes Act (ss. 47, 49) can apply to anyone.[1][2][3] |
| Brothels and managed venues | Illegal Criminal offence | Owning, controlling or managing a brothel, or assisting in its management, carries a fine of up to E50,000 and/or up to 15 years (SODV Act s. 18). Section 19 deems others to keep a brothel, including residents, landlords who knowingly let premises and anyone found there who refuses to name the keeper. Residents and keepers' spouses are sentenced at the court's discretion (s. 18(2)). The Crimes Act 1889 also has a brothel offence (s. 32, up to three years).[1][2] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | For reward, inviting or inducing a person to allow sexual acts with others, offering or engaging them for that purpose, or facilitating such acts is "commercial sexual exploitation": up to E100,000 and/or 20 years (SODV Act s. 13). Procuring a person to engage in prostitution carries up to 15 years (s. 15). So does receiving any reward from sexual acts by another person (s. 16). Living wholly or partly on such rewards carries up to 10 years (s. 17).[1][3] |
| Advertising sexual services | Illegal Criminal offence | Printing or publishing "in any manner" information intended to promote or facilitate commercial sexual exploitation carries a fine of up to E50,000 or up to 10 years (SODV Act s. 14(a)). Commercial sexual exploitation is defined broadly enough to cover arranging paid sex for others, so third-party adverts and ad platforms are exposed. A sex worker's own advert could fall under the 1889 offence of soliciting immoral acts "by words, signs, cards or in any other way" (Crimes Act s. 47(a)).[1][2] |
The law in detail
Selling sexual services
Selling sex is not itself an offence. Loitering in any thoroughfare or public place "for the purpose of prostitution or solicitation" carries a fine of up to E100 or six months (Crimes Act s. 49(1)(e)), and the accused must prove another purpose. Soliciting immoral acts "by words, signs, cards or in any other way" carries a fine of E600 or two years (s. 47(a)).[2][3]
Swazi (traditional) courts also have jurisdiction over the loitering offence (s. 49(2)). The Southern Africa Litigation Centre's 2019 guide says the exchange of sex for money "is not a criminal offence". It describes the loitering offence as often used against sex workers and criticises the reverse onus. A man who solicits in a public place for immoral purposes faces up to three years and whipping (s. 48(1)(b)).
Confidence: medium. The Crimes Act was read from EswatiniLII's version as at 1 December 1998, through the Internet Archive's copy because EswatiniLII blocks automated access. The SODV Act 2018 repealed only the Girls' and Women's Protection Act 1920 but takes precedence over inconsistent laws; whether any Crimes Act provision has been treated as superseded was not checked.
Checked 30 October 2026
Buying sexual services
There is no client offence as such. The Southern Africa Litigation Centre reads the SODV Act as criminalising neither sex workers nor clients, but third parties who benefit. The loitering and soliciting offences in the Crimes Act (ss. 47, 49) can apply to anyone.[1][2][3]
Section 13(2)(b) of the SODV Act defines commercial sexual exploitation to include a person who, for a reward to that person or anyone else, "makes available, offers or engages the person" for sexual acts. The word "engages" could arguably be read to reach a client; no ruling on this was found.
Confidence: low. The SODV text read is an unsigned assent copy, not a gazetted version. The client question rests on one NGO reading plus the statutory wording.
Checked 30 October 2026
Brothels and managed venues
Owning, controlling or managing a brothel, or assisting in its management, carries a fine of up to E50,000 and/or up to 15 years (SODV Act s. 18). Section 19 deems others to keep a brothel, including residents, landlords who knowingly let premises and anyone found there who refuses to name the keeper. Residents and keepers' spouses are sentenced at the court's discretion (s. 18(2)). The Crimes Act 1889 also has a brothel offence (s. 32, up to three years).[1][2]
Confidence: medium. SODV text from an unsigned assent copy hosted by an NGO; the government's own PDF (gov.sz) could not be reached.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
For reward, inviting or inducing a person to allow sexual acts with others, offering or engaging them for that purpose, or facilitating such acts is "commercial sexual exploitation": up to E100,000 and/or 20 years (SODV Act s. 13). Procuring a person to engage in prostitution carries up to 15 years (s. 15). So does receiving any reward from sexual acts by another person (s. 16). Living wholly or partly on such rewards carries up to 10 years (s. 17).[1][3]
Confidence: medium. SODV text from an unsigned assent copy; section numbers match those cited in the 2019 SALC guide.
Checked 30 October 2026
Advertising sexual services
Printing or publishing "in any manner" information intended to promote or facilitate commercial sexual exploitation carries a fine of up to E50,000 or up to 10 years (SODV Act s. 14(a)). Commercial sexual exploitation is defined broadly enough to cover arranging paid sex for others, so third-party adverts and ad platforms are exposed. A sex worker's own advert could fall under the 1889 offence of soliciting immoral acts "by words, signs, cards or in any other way" (Crimes Act s. 47(a)).[1][2]
Confidence: medium. A reading of the statutory texts; no prosecutions of publishers, websites or individual advertisers were found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| The Sexual Offences and Domestic Violence Act, 2018 Sexual Offences and Domestic Violence Act, 2018 (Act No. 15 of 2018) ss. 13–21 · s. 196 | Part III ("Commercial Sexual Activities"): commercial sexual exploitation, promotion, procuring, benefiting, living on the earnings and brothels; repeals the Girls' and Women's Protection Act 1920.[1] | |
| Crimes Act, 1889 (Act 6 of 1889; version as at 1 December 1998) Crimes Act, 1889 ss. 31–50 | Part V: brothels, procuration, soliciting by words, signs or cards, male persons living on earnings, and loitering for prostitution.[2] |
Timeline
Sources
- The Sexual Offences and Domestic Violence Act, 2018. Copy hosted by Eswatini Minorities (assent copy), 2018. legislation · accessed 30 October 2026
- Crimes Act, 1889 (Act 6 of 1889; version as at 1 December 1998). EswatiniLII. legislation · accessed 30 October 2026
- Know your rights: Sex work and the law in Eswatini. Southern Africa Litigation Centre, COSPE, FSEJ and Voice of Our Voices, 2019. ngo · accessed 30 October 2026