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S V Jordan
''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. Background The applicants, three women, were arrested in 1996 at their workplace, a brothel in Pretoria. Charged in the Magistrate's Court, they we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences Act, 1957
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality Act, 1957) is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Equality
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past vict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interim Constitution (South Africa)
The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of the abolition of apartheid. It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review. History An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Unterhalter
David Unterhalter (born 18 November 1958) is a South African jurist and judge of the Gauteng Division of the High Court of South Africa. He is also professor of law at the University of Cape Town. Before he was appointed to the bench in January 2018, Unterhalter was a prominent advocate, specialising in public law, competition law, and trade law. He was called to the Johannesburg Bar in 1990 and took silk in 2002. Early life and education Unterhalter was born on 18 November 1958 in Johannesburg. His father was Jack Unterhalter, a lawyer who attained public prominence representing political prisoners during apartheid. Unterhalter attended Trinity College, Cambridge, where he completed a BA in 1980, converted to an MA in 1987. He went on to an LLB at the University of the Witwatersrand in 1984 and a BCL at University College, Oxford in 1985. Legal practice Unterhalter was admitted as an advocate of the Supreme Court of South Africa in 1990. He practised as an advocate at the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wim Trengove
Wim Trengove SC is a South African advocate best known for his role in the development of South African Constitutional jurisprudence and his involvement in high-profile political cases. Career Wim Trengove has litigated many of South Africa's most important human rights questions, including arguing for the successful abolition of the death penalty in ''S v Makwanyane'', arguing against discrimination on the basis of HIV status in ''Hoffmann v South African Airways'', arguing for the protection of sex workers' labour rights in ''Kylie v CCMA'', arguing for the restitution of land and mineral rights to groups dispossessed during apartheid in ''Alexkor Ltd v Richtersveld Community,'' and arguing for the roll-out of anti-retroviral treatment for HIV patients in ''Minister of Health v Treatment Action Campaign.'' Trengove also argued numerous constitutional questions in South Africa's Constitutional Court, including the certification of the constitution itself. Trengove also repres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Rand
The South African rand, or simply the rand, (sign: R; code: ZAR) is the official currency of the Southern African Common Monetary Area: South Africa, Namibia (alongside the Namibian dollar), Lesotho (alongside the Lesotho loti) and Eswatini (alongside the Swazi lilangeni). It is subdivided into 100 cents (sign: "c"). The South African rand is legal tender in the Common Monetary Area member states of Namibia, Lesotho and Eswatini, with these three countries also having their own national currency (the dollar, the loti and the lilangeni respectively) pegged with the rand at parity and still widely accepted as substitutes. The rand was also legal tender in Botswana until 1976, when the pula replaced the rand at par. Etymology The rand takes its name from the Witwatersrand ("white waters' ridge" in English, ''rand'' being the Dutch and Afrikaans word for 'ridge'), the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. In English and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prostitution
Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penetrative sex, oral sex, etc.) with the customer. The requirement of physical contact also creates the risk of transferring diseases. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, or more inclusively, a sex worker. Prostitution occurs in a variety of forms, and its legal status varies from country to country (sometimes from region to region within a given country), ranging from being an enforced or unenforced crime, to unregulated, to a regulated profession. It is one branch of the sex industry, along with pornography, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brothel-keeping
Procuring or pandering is the facilitation or provision of a prostitute or other sex worker in the arrangement of a sex act with a customer. A procurer, colloquially called a pimp (if male) or a madam (if female, though the term pimp has still extensively been used for female procurers as well) or a brothel keeper, is an agent for prostitutes who collects part of their earnings. The procurer may receive this money in return for advertising services, physical protection, or for providing and possibly monopolizing a location where the prostitute may solicit clients. Like prostitution, the legality of certain actions of a madam or a pimp vary from one region to the next. Examples of procuring include: * Trafficking a person into a country for the purpose of soliciting sex * Operating a business where prostitution occurs * Transporting a prostitute to the location of their arrangement * Deriving financial gain from the prostitution of another Etymology ''Procurer'' The term '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
