NGCOBO J [9] Penalising the recipient of the reward only does not constitute unfair discrimination on the grounds of gender. The section penalises “any person” who engages in sex for reward. The section clearly applies to male prostitutes as well as female prostitutes. The section is therefore gender-neutral. Penalising the prostitute only does not therefore amount to direct discrimination. [10] Nor does it amount to indirect discrimination. The section makes a distinction between the prostitute and the customer. There is a qualitative difference between the prostitute who conducts the business of prostitution and is therefore likely to be a repeat offender, on the one hand, and the customer who seeks the service of a prostitute only on occasion and thus may or may not be a repeat offender. As the joint judgment holds, the purpose of the prohibition is to outlaw commercial sex. The prostitute is engaged in the business of commercial sex. One of the ways of curbing commercial sex is to strike at the merchant by means of criminal sanctions. The differentiation between the dealer and customer is a common distinction that is made in a number of statutes.6 6 Section 3(3) of the Dangerous Weapons Act 71 of 1968; section 47(f) of the Sea Fishery Act 12 of 1988; section 159(e), 160(b) and 161(c) of the Liquor Act 27 of 1989; and section 18(1) read with section 29(b) of the Medicines and Related Substances Act 101 of 1965. 6