/ 6 March 2002

COURT MULLS PROVISIONS OF PROSTITUTION

THE Constitutional Court continues to hear argument on the validity of sections of the Sexual Offences Act relating to prostitution. The case arose from a Pretoria High Court ruling handed down in August last year which held that a section of the Sexual Offences Act dealing with the furnishing of sex for reward was unconstitutional, while provisions dealing with brothel-keeping were not. A massage parlour owner Ellen Jordan and two of her employees asked the court to refer the question of the constitutionality of the legislation once known as the Immorality Act to the Constitutional Court for adjudication. The matter involved a request that the order of unconstitutionality against the provision criminalising prostitution be confirmed, as well as an appeal against the refusal to declare provisions relating to brothel-keeping unconstitutional. The national and provincial directors of Public Prosecution oppose both the confirmation and the appeal. – Sapa