O’REGAN J and SACHS J and not the customer, this would be a case of indirect discrimination because overwhelmingly prostitutes were women and customers men. There was thus no factual dispute between the parties as to whether the effect of the provision fell disproportionately on women. Prostitutes and their customers engage in sexual activity, which is one of the constitutive elements of the relationship between men and women in all societies. As partners in sexual intercourse, they both consent to and participate in the action which lies at the heart of the criminal prohibition. There are only three differences between them. The first is that the one pays and the other is paid. The second is that in general the one is female and the other is male. The third is that the one’s actions are rendered criminal by section 20(1)(aA) but the other’s actions are not. Moreover, the effect of making the prostitute the primary offender directly reinforces a pattern of sexual stereotyping which is itself in conflict with the principle of gender equality. The differential impact between prostitute and client is therefore directly linked to a pattern of gender disadvantage which our Constitution is committed to eradicating. In all these circumstances, we are satisfied that, as in Walker’s case, this is a case where an apparently neutral differentiating criterion producing a markedly differential impact on a listed ground results in indirect discrimination on that ground. [61] Before proceeding further, it should be noted that it was suggested that even if the provisions of section 20(1)(aA) did not criminalise the conduct of customers, that conduct could be considered criminal in terms of two other legal provisions. First, the common law provisions relating to accessories would criminalise their conduct; and secondly, the provisions of the Riotous Assemblies Act 17 of 1956 could permit the prosecution of the customer. If the conduct of the client were criminalised through either of these techniques, it was submitted this would 37