Jordan & Others v The State CCT 31/01 (2002) The constitutionality of sections of the Sexual Offences Act which criminalise the act of the prostitute for prostitution, but not the client and keeping or managing a brothel, was challenged. DFL assisted the Attorney General of Gauteng (now the Director of Public Prosecutions of Gauteng) with research on the health issues surrounding adult prostitution. This included the role of prostitution in the spread of STD’s and AIDS, as well as the dire psychological effects suffered by the prostitute, his/her family, the client, his/her family and society as a whole. 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.]]>
