S v Jordan and Others (2002)

This matter considered the constitutionality of sections of the Sexual Offences Act which criminalise the sex worker for prostitution, but not the client and keeping or managing a brothel. The Court unanimously upheld the constitutionality of the brothel provisions but split 6-5 with respect to the criminalising of the sex worker for prostitution with the majority finding the provisions constitutional. Ngcobo J writing for the majority found that the challenged provisions were not unconstitutional. (Chaskalson CJ, Kriegler J, Madala J, Du Plessis AJ, Skweyiya AJ concurred) O'Regan J and Sachs J writing for the minority (Langa DCJ, Ackermann J, Goldstone J concurred) found that section 20(1)(aA) brought about indirect unfair discrimination. Section 20(1)(aA) unjustifiably limited both sections 8 and 13 of the interim Constitution.

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