On 1–2 September 2025, the African Policing Civilian Oversight Forum (APCOF), the Centre for Human Rights, University of Pretoria (CHR), and the Dullah Omar Institute (DOI) (the Amici Applicants) represented by Lawyers for Human Rights, will appear before the High Court of South Africa, Western Cape Division, seeking consent to be admitted as amici curiae in the matter of S.H. and the Sex Worker Education and Advocacy Taskforce v Minister of Justice and Correctional Services and Others (Case No. 9229/2024).
Background on the Case
On 3 May 2024, S.H. and the Sex Worker Education and Advocacy Taskforce (SWEAT) (the Applicants) instituted proceedings in the High Court of South Africa, Western Cape Division against the Minister of Justice and Correctional Services, the City of Cape Town, the National Director of Public Prosecutions, and the Director-General: Department of Justice and Constitutional Development. The Applicants challenge the constitutionality of provisions under the Sexual Offences Act 23 of 1957, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (SORMA), and the City of Cape Town By-Law on Streets, Public Places, and the Prevention of Noise Nuisances (the By-Laws), insofar as they criminalise the provision and solicitation of sex work. The Applicants seek a declaration that finds these laws to be unconstitutional and invalid, and an order for the withdrawal of charges brought pursuant to these provisions, the expungement of the criminal records of individuals who have been convicted pursuant to these provisions, and the release of individuals serving sentences in respect of such convictions. The Applicant’s challenge to the By-Laws will, however, be heard in separate proceedings, after the constitutional challenge to the provisions contained in national legislation.
The Amici Applicant’s intended submissions
The submissions of the Amici Applicants aim to provide the Court with perspectives on the impact of the criminalisation of sex work, with a particular focus on the impact that the enforcement of the offences has on women who are economically and socially vulnerable. In particular, the submissions will address:
- Evidence from the Campaign on the Principles on the Decriminalisation of Petty Offences in Africa;
- Findings from their own research highlighting the disproportionate impact of criminalisation on women of poorer socio-economic status, who often enter sex work due to poverty and limited economic opportunities;
- The intersection of gender, poverty, and vulnerability in sex work;
- Discriminatory policing and enforcement practices;
- Economic and social consequences of criminal records for sex workers;
- Regional and comparative perspectives, drawing on international and foreign case law supporting decriminalisation, including precedents from Malawi, Uganda, Nigeria, and the ECOWAS Court of Justice.
APCOF, CHR, and DOI’s submissions provide insights on discriminatory policing, socio-economic drivers of sex work, and barriers to effective law enforcement.
Other organisations seeking admission as amicus curiae include the Treatment Action Campaign, Sonke Gender Justice NPC, Amnesty International South Africa NPC, the South African Foundation in Support of Human Rights Watch NPC, the United Nations Working Group on Discrimination against Women and Girls, the Women’s Legal Centre Trust, the Triangle Project, Gender Dynamix, the South African Human Rights Commission, the Socio-Economic Rights Institute of South Africa, Access Chapter 2 NPO, Survivor Exit Foundation, and the United Nations Special Rapporteur on Violence and Discrimination against Women and Girls.
Going Forward
The Amici Applicants intend to assist the Court in determining appropriate remedies that are consistent with South Africa’s constitutional and regional human rights obligations. Their submissions aim to support the development of law enforcement and policy frameworks that ultimately protect the rights, dignity, and safety of sex workers, while promoting equality, access to justice, and social protection. Thus, the hearing marks a significant moment for the advancement of human rights. The Amici Applicant will be represented by Adv. T. Thumbiran.
For more information, please contact:
Sheryl Kunaka
sheryl.kunaka@up.ac.za
www.chr.up.ac.za
Louise Edwards
Director of Programmes and Research
African Policing Civilian Oversight Forum (APCOF)
