S v Jordan and Others 2002 (1) SA 797 (T); 2001 (10) BCLR 1055 (T); 2002 (1) SACR 17 (T) in the High Court of South Africa, Transvaal Provincial Division
Court membership
Judges sitting
Chaskalson CJ, Langa DCJ, Ackermann J, Goldstone J, Kriegler J, Madala J, Ngcobo J, O’Regan J, Sachs J, du Plessis AJ and Skweyiya AJ
Case opinions
Decision by
Ngcobo J (Chaskalson, Kriegler, Madala, du Plessis and Skweyiya concurring)
Dissent
O'Regan and Sachs JJ (Langa, Ackermann and Goldstone concurring)
S v Jordan and Others is a decision of the Constitutional Court of South Africa which confirmed the constitutionality of statutory prohibitions on brothel-keeping and prostitution. It was handed down on 9 October 2002 with a majority judgment by Justice Sandile Ngcobo.
Hearing a challenge to provisions of the Sexual Offences Act, 1957, the court held unanimously that it is constitutional to criminalise brothel-keeping. However, the bench split six-to-five on the constitutionality of section 20(1)(aA) of the Act, which criminalises prostitution. Writing on behalf of the minority, Justices Kate O'Regan and Albie Sachs argued that the prostitution prohibition discriminated indirectly but unfairly against women, while the majority dismissed this view on the grounds that both men and women are barred from conducting sex work.
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