BDSM in Western Cape, 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 A 2022 draft bill to repeal these offences was withdrawn for redrafting in 2023; the Justice department says a new draft will be published for comment and is likely to reach Parliament in 2027.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. Source: Prostitution Laws (prostitutionlaws.org), https://prostitutionlaws.org/countries/south-africa/, reviewed 2026-11-04, CC BY 4.0.