The High Court in Cape Town began hearing arguments on 1 and 2 September from legal representatives of five groups seeking to oppose a landmark bid to decriminalise prostitution in South Africa. Sixteen prospective amici curiae, or friends of the court, also made submissions to join the case, with 14 supporting the decriminalisation effort and two opposing it.
On Monday 1 September after hearing the two counsel for the five intervening respondents – Cause for Justice and a coalition of four organisations – the court ruled that it was satisfied that the intervenor applicants made out a case for intervention and they are allowed to intervene as respondents in the case.
The court’s decision regarding the admission of the 16 amici stood over to Tuesday 2 September, with the judge, on Monday, indicating his inclination to whittle down the number of amici. However, in delivering its judgement on Tuesday, the learned judge admitted all 16 amici to the case, quoting the Constitutional Court’s judgment in Koyabe v Minister of Home Affairs.
“Amici curiae have made and continue to make an invaluable contribution to this court’s jurisprudence. Most, if not all constitutional matters present issues, the resolution of which will invariably have an impact beyond the parties directly litigating before the court. Constitutional litigation by its very nature requires the determination of issues squarely in the public interest, and in so far as amici introduce additional, new and relevant perspectives, leading to more nuanced judicial decisions, their participation in litigation is to be welcomed and encouraged,” the court held.
“In consequence of the court’s rulings, Cause for Justice will now begin with the mammoth task of representing the public interest in the retention of the criminal ban on prostitution, by preparing its opposing papers to the applicants’ case, in order to meet the filing deadline of 13 October,” says a spokesperson for the organisation.
