O’REGAN J and SACHS J rather to the manner in which it is being enforced. The remedy is not to strike down the law but to require that it be applied in a constitutional manner. Neither are prostitutes stripped of the right to be treated with dignity by their customers. The fact that a client pays for sexual services does not afford the client unlimited license to infringe the dignity of the prostitute. The right to freedom of the person [75] Similarly we do not feel that it has been established that section 20(1)(aA) constitutes a limitation of the right to freedom as entrenched in section 11 of the interim Constitution. Most of the argument addressed to us on this topic was based on the 1996 Constitution, which includes the rights not to be deprived of freedom without just cause,31 and the right to bodily integrity.32 The formulation of section 12 is, however, different to section 11(1) of the interim Constitution, which simply protects the right to freedom and personal security. In this respect the prostitute makes herself liable for arrest and imprisonment by violating the law. Provided that the law passes the test of constitutionality, any invasion of her freedom and personal security follows from her breach of the law, and not from any intrusion on her right by the state. In the light of the approach taken by the majority of this Court to section 11(1) of the interim Constitution,33 there can be no complaint in terms of that section by a person who has been convicted and 31 Section 12(1)(a) of the final Constitution reads: “Everyone has the right to freedom and security of the person which includes the right – not to be deprived of freedom arbitrarily or without just cause”. 32 Section 12(2) of the final Constitution reads: “Everyone has the right to bodily and psychological integrity”. 33 See the separate judgments in Ferreira v Levin NO and Others; Vryenhoek and Others v Powel NO and Others 1996 (1) SA 984 (CC); 1996 (1) BCLR 1 (CC) and, in particular, the judgment of Chaskalson P at paras 183-5. See also Bernstein and Others v Bester and Others NNO 1996 (2) SA 751(CC); 1996 (4) BCLR 449 (CC). 46

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