Two South African judges ruled on Thursday that part of a sexual offences act governing prostitution was unconstitutional because it discriminated against individuals.
The Sexual Offences Act states that sexual intercourse between two people of the opposite sex who are not married is an offence only if it is practised "for reward" by the female partner.
In a ruling on Thursday, a Pretoria High Court judge said this amounted to discrimination, something which South Africa's progressive constitution bans in all forms.
"One is ... at a loss to understand why only the recipient of the money is guilty of a crime whilst the party paying for the services is not," Justice Spoelstra said in a judgment reported by the South African Press Association. "It is obviously unjustified discrimination between not only sexes but also persons."
Spoelstra compared the decision to a Constitutional Court ruling on sodomy, which said the act's illegality under common law was inconsistent with the constitution and so invalid.
South Africa's constitution guarantees freedom for all people regardless of race, gender or sexual orientation.
Reaction to the ruling -- which drew headlines in South Africa -- was received with strong and mixed reaction Friday.
"Doors open for sex workers," The Star newspaper reported, quoting various sources including human rights organizations, church groups and prostitutes.
South African Human Rights Commissioner Jody Kollapen said prostitution was a reality in a traditionally conservative country.
"Repugnant as it may be, to people on a moral and religious level, one cannot legislate or wish it away," he said.
In another front-page article Johannesburg-based Afrikaans daily Beeld said "Prostitution gets green light," saying the judgment was in line with South Africa's Bill of Human Rights, which protects the right to privacy.
"Of course, a large segment of the South African population will still have a strong and religious objection against prostitution. The fact remains however that the judges ruled in terms of the right [to privacy]," the editorial ends.
The country's churches called the judgment unfortunate.
"We have to accept than in a democracy there are people with different value systems. We cannot criminalize them for it. The legalization of prostitution was an unfortunate cost of the country enjoying democracy," South African Council of Churches secretary-general Molefa Tsele told the Johannesburg-based daily Business Day.
The Ministry of Justice and Constitutional Development said in a statement it had taken note of the ruling and would issue a comprehensive reaction once it had studied it in full.
"The Ministry is furthermore mindful of the fact that the judgment must still be confirmed by the Constitutional Court and will decide whether to oppose it before the Constitutional Court or not," it said.
The African Christian Democratic Party, a small political party which campaigns for strong morals and Christian values, said it was "a sad day" and brought into question the concerns of the ruling African National Congress' commitment on HIV and AIDS.
South African prostitutes themselves also gave mixed reactions to the judgment.
"I'm glad, not for my sake, but for all the others," said one young woman, who did not want her name published. "We are here to make a living. I'm glad, really glad," she told the press association.
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