Prostitution laws in South Africa
South Africa criminalises the whole sex trade. Under the Sexual Offences Act 23 of 1957 (formerly the Immorality Act), a person aged 18 or over who has sex for reward commits an offence (s. 20(1A)(a), up to three years), as do brothel-keepers, those living on the earnings and anyone who for reward helps a client contact a sex worker (s. 12A). Since 2007 the client commits a separate offence (s. 11 of Act 32 of 2007). The Constitutional Court upheld the selling offence in S v Jordan (2002). A 2022 draft bill to repeal these offences was withdrawn for redrafting in 2023; the Justice department says a new draft will be published for comment and is likely to reach Parliament in 2027. Since September 2025 prosecutors have been told not to enrol cases against sex workers while a High Court challenge by SWEAT is pending.
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
Both sides of the transaction are offences. Since 2007, section 20(1A)(a) of the Sexual Offences Act 1957 punishes a person aged 18 or over who has sex "for reward", and section 11 of the 2007 Act punishes the client. Brothel-keeping, living on the earnings and procuring are also offences. Since September 2025 an internal NPA directive tells prosecutors not to enrol cases against sex workers while a constitutional challenge is pending. The statutes are unchanged; a decriminalisation bill has not yet reached Parliament.[1][2][3]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Illegal Criminal offence | Any person aged 18 or over who has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward commits an offence (s. 20(1A)(a)), punishable by up to three years' imprisonment, with or without a fine of up to R6 000 (s. 22(a)). Enticing, soliciting or importuning in a public place for immoral purposes is a separate offence (s. 19(1); fine of up to R4 000 and/or up to two years).[1][3][4][5] |
| Buying sexual services | Illegal Criminal offence | A person who unlawfully and intentionally engages the services of a person aged 18 or over for financial or other reward, for the purpose of a sexual act or by committing one, commits the offence of "engaging the sexual services of a person 18 years or older" (s. 11, Act 32 of 2007). The offence is complete whether or not the sexual act takes place. No specific penalty is set; the court sentences within its general jurisdiction (s. 56A(1)).[2] |
| Brothels and managed venues | Illegal Criminal offence | Keeping a brothel is an offence (s. 2), punishable by up to three years' imprisonment plus an optional fine of up to R6 000. Section 3 deems many people to keep a brothel, including anyone who lives in one or helps manage it, and landlords who let premises knowing they will be used as a brothel. Knowingly permitting premises to be used for any offence under the Act carries up to six years (s. 17).[1][4] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Knowingly living wholly or partly on the earnings of prostitution is an offence (s. 20(1)(a); up to three years), as is assisting in bringing about, or receiving any consideration for, an act of indecency by another person (s. 20(1)(c)). Procuring a woman to become a prostitute or an inmate of a brothel, or enticing her to a brothel, carries up to seven years (s. 10).[1] |
| Advertising sexual services | Illegal Criminal offence | There is no offence aimed at advertising as such. Instead, s. 12A punishes anyone who, for reward, performs any act calculated to enable a person to communicate with an adult who may have sex for reward, where they intended or ought reasonably to have foreseen this. The penalty is a fine or up to five years. This wording can reach paid advertising and introduction services, including publishers and ad sites that charge for adverts.[1] |
The law in detail
Selling sexual services
Any person aged 18 or over who has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward commits an offence (s. 20(1A)(a)), punishable by up to three years' imprisonment, with or without a fine of up to R6 000 (s. 22(a)). Enticing, soliciting or importuning in a public place for immoral purposes is a separate offence (s. 19(1); fine of up to R4 000 and/or up to two years).[1][3][4][5]
"Unlawful carnal intercourse" means intercourse "otherwise than between husband and wife" (s. 1). The selling offence was first inserted in 1988 as s. 20(1)(aA) and was moved to s. 20(1A) by Act 32 of 2007, which limited it to people aged 18 or over. In S v Jordan (2002) the Constitutional Court upheld the selling offence by six votes to five and unanimously upheld the brothel provisions.
Enforcement: in September 2025 GroundUp reported an NPA directive under which prosecutors are not to enrol new cases against sex workers under the impugned provisions; enrolled cases are to be withdrawn or held in abeyance until the court rules on SWEAT's challenge. The NPA confirmed that a directive had been issued. Arrests have continued, and municipal by-laws are also used.
Note. The text of the NPA directive was not published; its scope (for example whether it also covers clients under s. 11 of the 2007 Act) is known only from press reports.
Checked 30 October 2026
Buying sexual services
A person who unlawfully and intentionally engages the services of a person aged 18 or over for financial or other reward, for the purpose of a sexual act or by committing one, commits the offence of "engaging the sexual services of a person 18 years or older" (s. 11, Act 32 of 2007). The offence is complete whether or not the sexual act takes place. No specific penalty is set; the court sentences within its general jurisdiction (s. 56A(1)).[2]
Checked 30 October 2026
Brothels and managed venues
Keeping a brothel is an offence (s. 2), punishable by up to three years' imprisonment plus an optional fine of up to R6 000. Section 3 deems many people to keep a brothel, including anyone who lives in one or helps manage it, and landlords who let premises knowing they will be used as a brothel. Knowingly permitting premises to be used for any offence under the Act carries up to six years (s. 17).[1][4]
A "brothel" includes any house or place kept or used for prostitution, or for people to visit for "unlawful carnal intercourse or for any other lewd or indecent purpose" (s. 1). A lease of premises used as a brothel is void (ss. 5–6), and the owner may obtain summary ejectment (s. 7).
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Knowingly living wholly or partly on the earnings of prostitution is an offence (s. 20(1)(a); up to three years), as is assisting in bringing about, or receiving any consideration for, an act of indecency by another person (s. 20(1)(c)). Procuring a woman to become a prostitute or an inmate of a brothel, or enticing her to a brothel, carries up to seven years (s. 10).[1]
A person who lives with or is habitually in the company of a sex worker and has no visible means of subsistence is presumed to live on the earnings unless they prove otherwise (s. 21(3)). Trafficking for sexual exploitation is dealt with separately by the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (not reviewed here).
Checked 30 October 2026
Advertising sexual services
There is no offence aimed at advertising as such. Instead, s. 12A punishes anyone who, for reward, performs any act calculated to enable a person to communicate with an adult who may have sex for reward, where they intended or ought reasonably to have foreseen this. The penalty is a fine or up to five years. This wording can reach paid advertising and introduction services, including publishers and ad sites that charge for adverts.[1]
Under s. 21(4), if the accused performed an act for reward that was calculated to enable communication with "a prostitute", the required intent or foresight is presumed unless the contrary is proved beyond reasonable doubt. A sex worker's own soliciting in a public place is covered by s. 19(1).
Confidence: medium. The statutory wording was read directly. How courts have applied s. 12A to newspapers, websites or platforms in recent years was not checked.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Sexual Offences Act 23 of 1957 (as amended up to Act 32 of 2007) Sexual Offences Act 23 of 1957 (formerly the Immorality Act) ss. 1–3 · s. 10 · s. 12A · s. 17 · ss. 19–22 | Criminalises selling sex (s. 20(1A)), brothels (ss. 2–3), procuring (s. 10), assistance for reward (s. 12A), public soliciting (s. 19) and living on the earnings (s. 20(1)).[1] | 12 April 1957 |
| Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 s. 11 · s. 56A · s. 68 | Created the client offence (s. 11) and amended the 1957 Act (s. 68) to limit the selling offence to people aged 18 or over.[2] | 16 December 2007 |
Pending and under review
Proposed · updated 17 August 2026
Criminal Law (Sexual Offences and Related Matters) Amendment Bill (decriminalisation of sex work)
The 2022 draft bill would have repealed the 1957 Act and s. 11 of the 2007 Act, decriminalising the sale and purchase of adult sexual services and providing for the expungement of related convictions. Regulation was to follow in a second step. The draft was published for comment on 9 December 2022 (comments closed 31 January 2023) and withdrawn for redrafting in 2023. It has not been introduced in Parliament: a search of the Parliamentary Monitoring Group records found no tabled bill. In a written reply (NA question 7124, 2025) the Minister said a regulatory framework was being developed with other departments, which could include licensing and registration of brothels. In August 2026 the department said the redraft would go to Cabinet, then be gazetted for comment.[5][6][7][8]
Next, 2027: Publication of the revised draft for public comment, then Cabinet approval to introduce it in Parliament; the department expects introduction in 2027.
Under review · updated 5 September 2025
SH and SWEAT v Minister of Justice and Constitutional Development and Others (Western Cape High Court)
A sex worker (SH) and the Sex Workers Education and Advocacy Taskforce (SWEAT) are challenging the provisions of the 1957 Act and the 2007 Act that criminalise consensual adult sex work. They argue that these provisions infringe the rights to dignity, equality, freedom and security of the person. The respondents are the Minister and Director-General of Justice, the National Director of Public Prosecutions and the City of Cape Town; the by-law part of the case against the City has been separated. In September 2025 the court admitted dozens of organisations as respondents or amici curiae. Any declaration of invalidity would need confirmation by the Constitutional Court.[3][9]
Timeline
- 12 April 1957The Immorality Act 23 of 1957 comes into force, consolidating the laws on brothels and "unlawful carnal intercourse".[1]
- 4 March 1988The Immorality Amendment Act 2 of 1988 makes it an offence to have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward (s. 20(1)(aA)), and renames the law the Sexual Offences Act.[1]
- 9 October 2002In S v Jordan the Constitutional Court upholds the selling offence by six votes to five, and unanimously upholds the brothel provisions.[4]
- 16 December 2007The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 comes into force. It creates the offence of engaging the sexual services of a person aged 18 or over, and moves the selling offence to s. 20(1A).[2]
- 9 December 2022The Justice department publishes the draft Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2022, which would decriminalise adult sex work, for public comment until 31 January 2023.[6][7]
- 2023The draft bill is withdrawn for redrafting after state law advisers raise concerns.[5]
- October 2024Reports describe the challenge by SWEAT and a sex worker in the Western Cape High Court to the laws criminalising sex work.[9]
- September 2025The NPA confirms a directive under which prosecutors stop enrolling sex-work cases while the court challenge is pending. The High Court admits dozens of organisations to the case.[3]
- 18 November 2025The Deputy Minister of Justice holds a two-day workshop with sex worker representatives and government departments on a regulatory framework.[8]
- August 2026The Justice department says the redrafted bill will go to Cabinet and be gazetted for comment, with introduction in Parliament likely in 2027.[5]
Sources
- Sexual Offences Act 23 of 1957 (as amended up to Act 32 of 2007). Department of Justice and Constitutional Development (Juta consolidation). legislation · accessed 30 October 2026
- Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Department of Justice and Constitutional Development (Juta consolidation), 14 December 2007. legislation · accessed 30 October 2026
- No sex workers will be prosecuted while court process plays out. GroundUp, 5 September 2025. news · accessed 30 October 2026
- S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae) [2002] ZACC 22; 2002 (6) SA 642 (CC). Constitutional Court of South Africa (collections), 9 October 2002. case law · accessed 30 October 2026
- South Africa: Decriminalise Sex Work Bill Back in Parliament Years Later. GroundUp, republished by AllAfrica, 17 August 2026. news · accessed 30 October 2026
- Criminal Law (Sexual Offences and Related Matters) Draft Amendment Bill — call for comment. Parliamentary Monitoring Group, 9 December 2022. parliament · accessed 30 October 2026
- Sex work amendment bill open for public comment. SAnews (Government Communication and Information System), 9 December 2022. government · accessed 30 October 2026
- Written question 7124 (Adv G Breytenbach) to the Minister of Justice and Constitutional Development, with reply. National Assembly, via Parliamentary Monitoring Group, 30 December 2025. parliament · accessed 30 October 2026
- 'Sex work forms part of the informal sector': Court bid to decriminalise sex work. News24, 10 October 2024. news · accessed 30 October 2026