Abstract
Under section 22 of the Constitution of the Republic of South Africa, 1996, all citizens have the right to freely choose their profession or trade. While non-citizens are not expressly included in this right, they are allowed to work in the country, provided they comply with immigration laws and regulations. This study submits that the criminalisation of sex work not only violates section 22 of the Constitution, but also denies sex workers the protection that the Constitution affords against the numerous human rights violations that they endure daily. Although sex work in South Africa continues to grow as an industry, it remains criminalised. Nevertheless, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022 intends to legalise sex work by repealing the Sexual Offences Act and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021. The deadline for public comments was 31 January 2023 and yet the Bill is still not in effect. As a result, human rights violations continue to plague the sex work industry. This study emphasises the urgent need to decriminalise sex work in South Africa and further explores the adverse effects of criminalisation on the fundamental rights of those who engage in this practice. Furthermore, this study advocates for the decriminalisation of sex work, highlighting the right of citizens to freely choose their profession in line with section 22 of the Constitution. The study also extends this argument to non-citizens, supporting their right to choose sex work as a profession, provided they comply with the country’s immigration laws.