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.
Read full article: Amici Curiae Applicants to Seek Consent to Intervene in Landmark Constitutional Challenge on the Decriminalisation of Sex Work
