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O’REGAN J and SACHS J Limitation of rights [85] The limitation of rights is provided for in the interim Constitution as follows: “33. Limitation. – (1) The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation – (a) shall be permissible only to the extent that it is – (i) reasonable; and (ii) justifiable in an open and democratic society based on freedom and equality”. In S v Makwanyane,48 Chaskalson P held: 48 1995 (3) SA 391 (CC); 1995 (6) BCLR 665 (CC). 57

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Ellen Jordan et al v Ellen Jordan ors, 2002

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court: South Africa: Constitutional Court, South Africa

Date of judgement: Oct 9, 2002

Keywords

Arrest
Right to dignity
Sexual offences

Gender of victim

Female: Woman (18+)

Gender of accused/perpetrator

Gender not specified

Language: English

Summary: This case concerns a brothel-owner, brothel employee and prostitute/sex worker who were all convicted in the Magistrates Court of contravening the Sexual Offences Act of 1957. They appealed to the High Court, arguing that the relevant provisions were unconstitutional. The High Court found that the section of the Act which criminalizes carnal intercourse for reward was unconstitutional bus dismissed the appeal in respect of the sections of the Act which criminalize keeping or managing a brothel (the brothel provisions). The appellants then appealed to this Court, arguing that the brothel provisions should be found to be unconstitutional. They also argued that the High Court order invalidating the prostitution provision should be confirmed. The state opposed the appeal on the brothel provisions and also opposed confirmation of the order invalidating the prostitution provision.

The Court accordingly unanimously upholds the constitutionality of the brothel provisions and by a majority refuse to confirm the High Court order invalidating the prostitution provision. The convictions and sentences imposed upon the three appellants in the Magistrates’ Court are accordingly reinstated.

Primary Documents

S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae.pdf
English
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Ellen Jordan et al v Ellen Jordan ors, 2002

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