Compiled by: Anjoné de Jager
Information provided by Cause for Justice
South Africa stands at a critical crossroads in a case that could reshape the nation’s moral and legal foundations. On 1 and 2 September 2025, the High Court in Cape Town ruled on who may participate in the landmark challenge to decriminalise prostitution. Cause for Justice (CFJ), together with a coalition of organisations, has been admitted as respondents and will now begin preparing their opposition papers.
The court also confirmed a timeline leading up to the full hearing, scheduled for 18–20 May 2026. For CFJ and its partners, this is more than a legal process – it is a stand to defend the dignity of every person, protect families, and guard communities against the destructive impact of prostitution.
Court proceedings on 1 and 2 September 2025
On 1 and 2 September 2025, the High Court in Cape Town heard arguments from legal teams of five prospective opponents to the court bid to decriminalise prostitution, as well as 16 prospective friends of the court (amici curiae), on becoming parties/participants in the case. Of the 16 amici, 14 are in favour of decriminalisation and two are opposed to full decriminalisation.
Ruling on intervening respondents
On Monday, 1 September, after hearing the two counsel for the five intervening respondents – Cause for Justice and a coalition of four organisations (one local and three foreign) – the court (Judge Le Grange presiding) ruled that the intervenor applicants had made out a case for intervention. They were therefore allowed to intervene as respondents in the case.
Admission of amici curiae
The court’s decision regarding the admission of the 16 amici was postponed to Tuesday, 2 September. On Monday, the judge had indicated his inclination to reduce the number of amici. However, in delivering his judgment on Tuesday, Judge Le Grange admitted all 16 amici to the case.
In doing so, he quoted the Constitutional Court’s judgment in Koyabe v Minister of Home Affairs [2009] ZACC 23, paragraph [80]:
“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.”
Court timelines
As regards timelines, the court ruled that:
- Two of the amici curiae (Women’s Legal Centre and Triangle Project), who wish to adduce evidence/reports, were to do so by no later than 19 September 2025.
- The intervening respondents, including Cause for Justice, must file their answering affidavits (the factual basis of their opposition on the merits) by 13 October 2025.
- The applicants must file their replying affidavits (response to the intervenors’ opposition) by 3 December 2025.
The court also noted that the hearing of the main application would be scheduled for the second term of 2026. It has since been confirmed that the case will be heard from 18 to 20 May 2026.
What comes next for Cause for Justice
In light of the court’s rulings on 1 and 2 September, Cause for Justice will now begin with the mammoth task of representing the public interest in the retention of the criminal ban on prostitution. They will be preparing their opposing papers to the applicants’ case in order to meet the filing deadline of 13 October 2025.
Want to understand the bigger picture? In the September issue of JOY! Magazine, we unpack this issue in depth – looking at the biblical, moral, and legal implications, and hearing from leading voices in the Church and civil society. Don’t miss it!
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Date published: 06/09/2025
Feature image: Supplied
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