On this page, we answer the following key questions:
- What is the cause about?
- Why does it matter? (Why must we act and what is at stake?)
- Where does things stand?
- What can you do?
Prefer watching instead of reading? We’ve created a short explainer video that covers the key points below.
BACKGROUND
What is the cause about?
In May 2024, the Sex Workers Education and Advocacy Taskforce (the Applicants) lodged an application in the Cape Town High Court requesting the court to declare the legislation criminalising prostitution to be unconstitutional.
The Applicants seek decriminalisation of the activities of prostituted persons (prostitutes) and of so-called ‘buyers’ (predators) when engaging in sexual acts for reward, with the effect that – if they were to be successful – prostitution would be legalised.
In essence, the Applicants want the court to overturn the Constitutional Court’s judgment in State v Jordan [2002 (6) SA 642 (CC)]. Therein, the Court held that the criminalisation of prostitution was in line with the Constitution and kept the law intact. This means that in South Africa today (ever since the law first came into effect), it is illegal/a criminal offence to receive payment (reward) for a sexual encounter with another who is not one’s spouse, as well as to pay to engage in a sexual encounter with a prostituted person.
The State failed to step in and defend the legislation – as would reasonably be expected, which is why Cause for Justice (CFJ) joined the case to “step into the shoes of the state” to represent the public interest in retaining the criminal ban.
INJUSTICE/OPPORTUNITY
Why must we act and what is at stake?
The state’s failure to act calls for someone to stand up for those degraded, exploited, harmed, and abused in the system of prostitution.
CFJ is stepping up to defend the fundamental human dignity of every person. Prostitution constitutes the commodification of the human body, reducing people to commercial sex objects for the gratification of predatory individuals.
Prostitution is associated with an array of destructive and harmful consequences for the individuals engaging in it, their families, surrounding communities and the rest of society.
In S v Jordan (para 86), the Constitutional Court noted eight grounds justifying the criminalisation of prostitution:
• Prostitution in itself is degrading of women.
• It is conducive to violent abuse of prostitutes by both customers and pimps.
• It is associated with and encourages the international trafficking in women.
• It leads to child prostitution.
• It carries an intensified risk of the spread of STD’s, especially HIV/AIDS.
• It goes hand in hand with high degrees of drug abuse.
• It has close connections with other crimes such as assault, rape and even murder; and
• It is a frequent and persistent cause of public nuisance.
If you are moved by what’s at stake? Why not add your voice.
Read more about why prostitution should remain a criminal offense:
- https://mg.co.za/thought-leader/opinion/2022-12-07-defending-a-prostituted-persons-dignity-starts-with-saying-no-to-full-decriminalisation/
- https://www.news24.com/opinions/columnists/guestcolumn/opinion-we-need-to-make-sense-of-the-transactional-sex-debate-20221210/
- For a Biblical perspective, see: https://gatewaynews.co.za/opposition-to-court-bid-to-decriminalise-prostitution-finally-rising/
CFJ’s INVOLVEMENT
Where do things stand and what will happen next?
Since being admitted to the case as an opposing party (Respondent) in September 2025, CFJ’s in-house resources and its legal team had to put in significant hours to prepare its defence on the merits, which took more than four months to compile!
CFJ filed its Answering affidavits in the first week of February 2026 – consisting of 460 pages of affidavit testimony and evidence detailing the exploitative, harmful and destructive nature of prostitution and the importance of maintaining the current legal framework to protect human dignity. In addition to the main answering affidavit (160 pages plus 100 pages of supporting annexures), CFJ’s defence included four expert witness statements and 11 affidavits from individuals who have been harmed (directly or indirectly) in/by prostitution (200 pages total).
Over the course of February, the parties renegotiated the timelines for the further conduct of the case over the course of 2026 and agreed the following main milestone dates:
• End of March: Applicants to file their Replying affidavits (if any)
• End of May: Applicants to file their Heads of Argument (written legal submissions)
• End of July: CFJ and other Respondents to file their Heads of Argument
• End of August: Applicants file Replying Heads of Argument
• 21 to 23 October: Court hearing
At the end of March 2026, the Applicants filed their Replying affidavits – consisting of 498 pages.
CFJ must now consider whether and how to respond to new allegations made by the Applicants as well as a range of ad hominem attacks on CFJ’s witnesses (including experts, practitioners, office bearers and survivors).
The period from May to August will be dedicated to the preparation, exchange of and responding to other parties’ written legal arguments (amici curiae parties’ legal submissions will be filed at set dates between the main parties’ submission dates). Over the course of September and the first half of October CFJ’s legal team will focus on preparing for the hearing of the case, set down for 21 to 23 October 2026.
Background: February to September 2025
On 1 September 2025, CFJ made oral arguments in court to become an intervening respondent (opposing party) in the case. The court granted CFJ’s petition. With this ruling, work began in earnest to prepare CFJ’s opposition/answering court papers on the merits of the case and representing the public interest in keeping the current criminal ban on prostitution in place.
In the lead-up to 1 September, CFJ filed our intervention application in April 2025 and written legal submissions (heads of argument) in July 2025.
This case needs public support to succeed. Stand with us.
For more information, see:
- Blog article (September 2025): https://causeforjustice.org/cause-for-justice-becomes-opposing-party-in-the-landmark-prostitution-court-case/
- CFJ press release (July 2025): https://joynews.co.za/court-bid-opposing-the-decriminalisation-of-prostitution-gaining-momentum/
WHAT YOU CAN DO
How can you get involved to make a difference?
You can support this cause by:
• Contributing financially to enable CFJ and the legal team to see this case through to the end. There is a long road ahead and much work to be done to oppose the decriminalisation of prostitution.
• Telling others about the cause and encouraging them to get involved.
Staying up to date by subscribing to our Newsletter and sharing updates with others.
• Standing with us in prayer for this critical case, which will have a major impact on the future of our nation.