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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 620

Constantia Metering Services (Pty) Ltd v Thokwane and Others (37474/2020)

Constantia Metering Services (Pty) Ltd v Thokwane and Others (37474/2020) [2020] ZAGPPHC 620 (11 November 2020)

The High Court granted a final interdict restraining harassment, intimidation, extortion, and interference with Constantia Metering Services’ business operations.

  • Final Interdict
  • Harassment
  • Extortion
  • Threats To Business Operations
  • Right To Economic Activity
  • Final-interdict
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Constitutional Law [2002] ZACC 22

S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae (CCT31/01)

S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae (CCT31/01) [2002] ZACC 22; 2002 (6) SA 642 (CC); 2002 (11) BCLR 1117 (CC); 2002 (2) SACR 499 (CC) (9 October 2002)

The Constitutional Court held that section 20(1)(aA) of the Sexual Offences Act, which criminalises sex for reward, constitutes indirect and unfair discrimination against women, as it penalises prostitutes (predominantly female) but not clients (predominantly male), thereby reinforcing harmful gender stereotypes and social stigma. The majority found that this discrimination is not justified under the Constitution. However, the Court concluded that criminalisation of prostitution does not violate the rights to dignity, privacy, freedom, or economic activity in a manner that is unjustifiable, a…

  • Gender Equality
  • Unfair Discrimination
  • Sexual Offences Act
  • Right To Privacy
  • Right To Economic Activity
  • Limitation Of Rights
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