O’REGAN J and SACHS J [50] In our view, therefore, the proper interpretation of section 20(1)(aA) is that the provision criminalises the conduct of prostitutes but not that of customers. However, it does not criminalise sexual intercourse between consenting adults which does not constitute prostitution or commercial sex. It is on this basis that the constitutionality of the provision should be considered. The constitutionality of section 20(1)(aA) [51] Counsel for the appellants and the amici contended that the criminalisation of prostitution limits the following fundamental constitutional rights of those concerned: “8. Equality (1) Every person shall have the right to equality before the law and to equal protection of the law. (2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language.” “10. Human dignity Every person shall have the right to respect for and protection of his or her dignity.” “11. Freedom and security of the person (1) Every person shall have the right to freedom and security of person, which shall include the right not to be detained without trial.” “13. Privacy Every person shall have the right to his or her personal privacy, which shall include the right not to be subject to searches of his or her person, home or 29