Jordan v. South Africa

13 BHRC 203 (2002)

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Jordan v. South Africa

South Africa Constitutional Court
13 BHRC 203 (2002)

Facts

Ellen Jordan (plaintiff) was the owner of a massage parlor. Jordan and two of her employees sued the state (defendant), challenging § 20(1)(aA) of the Sexual Offences Act, which criminalized sexual intercourse between unmarried persons only if it was accompanied by payment. The parties did not dispute that the statute provided for penalties for only the prostitute, not the customer. Jordan and her employees argued that the statute discriminated unfairly against women, while the state contended that the statute encompassed both the prostitute and the customer.

Rule of Law

Issue

Holding and Reasoning (Ngcobo, J.)

Dissent (O’Regan, Sachs, J.J.)

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