Decriminalising "Sex Work" under the Lens of Transformative Constitutionalism: A Commentary on South Africa's Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2022.

This commentary was stimulated by the publication of Notice 1509 of 2022 inviting public comments on the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2022 to repeal the Sexual Offences Act 23 of 1957 and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The purpose is to decriminalise the sale and purchase of adult sexual services including the retrospective application of criminal proceedings that were instituted before the commencement of this Act. Constitutional concerns have been raised against the Sexual Offences Bill-22, and the state has been taken to court to facilitate its promulgation. The National Prosecuting Authority has also issued a moratorium on the prosecution of people selling sexual services until the outcome of the court processes. This is still a live matter that continues to impact on the South African government's 7th administration despite its passage during the 6th administration. Any reference to the previous ministers and the Department of Justice and Constitutional Development is still of equal application. This commentary argues against the selling of sexual services for profit under the lens of transformative constitutionalism. It classifies the selling of sexual services for profit as "commercial sex" and does not consider it as "work" within the framework of human rights. It is not a comparative study and is limited to the South African context. [ABSTRACT FROM AUTHOR]