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.