O’REGAN J and SACHS J [37] The confirmation proceedings and the appeal were heard together in this Court. The National Director of Public Prosecutions and the Transvaal Director of Public Prosecutions (the state) contended that the order of invalidity should not be confirmed and that the appeal should be refused. The state relied on a substantial body of affidavit evidence, which included testimony by the Minister of Justice, in support of upholding the law as it stands. Much of this evidence was contested by the appellants who also filed voluminous affidavits. In addition, a number of amici curiae were admitted and permitted to make written and oral submissions in support of confirmation of the order of invalidity and upholding the appeal. They were the Sex Worker Education and Advocacy Taskforce (SWEAT);4 the Centre for Applied Legal Studies (CALS)5 and the Reproductive Health Research Unit (RHRU),6 who made joint submissions; the Commission for Gender Equality7 (the Gender Commission); brothel-owners Pieter Crous and Menelaos Gemeliaris (who made a joint submission) and Andrew Lionel Phillips (also a brothel owner) who made submissions only with regard to whether the interim or final Constitution was applicable. SWEAT and Crous and Gemeliaris submitted evidence on affidavit, which was challenged by further affidavits from the state. Although the affidavits were replete with denials 4 SWEAT is an organisation whose objectives are the empowerment of sex workers, the decriminalisation of adult commercial sex work and the promotion of safer sex work practices. 5 CALS is a research institute within the School of Law at the University of Witwatersrand, established to conduct research and engage in advocacy, litigation and training for the promotion and protection of human rights in South Africa. 6 The RHRU is a research organisation based at the Department of Obstetrics and Gynaecology at the Chris Hani Baragwanath Hospital. It conducts research into interventions around the health care of sex workers and claims to have obtained extensive knowledge of the sex work industry, in particular about the differing effects that criminalisation of adult sex work has on the indoor and outdoor sex work industry respectively. 7 The Gender Commission is a state institution supporting constitutional democracy, established in terms of Chapter 9 of the Constitution. Its constitutional mandate is set out in section 187(1) and (2) of the Constitution and includes the promotion of respect for gender equality and the protection, development and attainment of gender equality. Its functions are further set out in section 11 of the Commission on Gender Equality Act 39 of 1996. 20