Constantia Metering Services (Pty) Ltd v Thokwane and Others (37474/2020) [2020] ZAGPPHC 620 (11 November 2020)
Court
North Gauteng High Court, Pretoria
Case number
37474/2020
Judge
S Baqwa
The High Court granted a final interdict restraining harassment, intimidation, extortion, and interference with Constantia Metering Services’ business operations.
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…