When the South African Government surprisingly decided not to defend a court application seeking to decriminalise prostitution, Cause for Justice (CFJ) stepped in to defend the victims of prostitution abandoned by the State.
On Monday, in a major milestone in its participation in the landmark Cape Town High Court case launched by he Sex Workers Education and Advocacy Taskforce (SWEAT) in May 2024, CFJ filed its defence of the law, comprising 460 pages of affidavit testimony and substantiating documentary evidence.
Since the court recognised CFJ as an intervening respondent in September last year, the CFJ legal team has been hard at work preparing and finalising their answering affidavits.
The papers filed on Monday included a 160-page main answering affidavit, 100 pages of supporting annexures and 200 pages made up of 15 expert and supporting affidavits. CFJ says the 15 affidavits include:
- Emma van der Walt, organisational leader of Brave to Love and author of She is Safe
- Madri Bruwer, organisational leader at Straatwerk
- “Several brave ladies who have or are in the process of exiting prostitution”
- Counsellor Marie-Anne te Brake and “some of her brave clients walking a road of recovery from the trauma of sexual betrayal by spouses/life partners who engaged in paid sexual acts with prostituted persons”.
“The extent of this filing reflects the seriousness of the case and the magnitude of the task at hand,” says CFJ’s Ryan Smit.
Explaining the process as the litigation moves into its next phase, CFJ says:
- The applicants will have the month of February (maybe longer) to file their Replying affidavit(s) to CFJ and the Coalition’s opposing papers.
- During March and April, written legal submissions on the factual record in the case (Heads of Argument) will be exchanged between all parties, including the 16 friends of the court (amici curiae).
- The first half of May will be committed to preparation for the hearing of the matter.
- As things stand, the case will be heard in the High Court in Cape Town from May 18 to 20.
Thanking supporters for prayers, encouragement and donations, CFJ says the public can join it in defending human dignity and opposing sexual exploitation, by praying for their legal team, for the case and the judges, for organisations assisting those in prostitution, for people trapped in prostitution, and for the Church — to stand against prostitution and to come alongside victims of the system. You can also support the case by contributing financially.
For more information about the case, visit the case website and view the video below:
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