'Prostitutes' challenge constitutionality of charge of soliciting for sex

Nine women who were arrested and charged with loitering for the purpose of soliciting for sex during the night in Harare have filed an appeal contesting the constitutionality of the charge.

Zimbabwe Lawyers for Human Rights communications officer Kumbirai Mafund said the appeal by the nine women was being heard by the ConCourt which is yet to determine the constitutionality of the charge.

"Zimbabwe's Constitutional Court is currently hearing a constitutional application filed by nine women challenging the constitutionality of Section 81 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], after they were arrested and charged with soliciting for the purposes of prostitution," said Mafunda.

"In their application, the women argue that the crime of soliciting requires allegations of an act and a person so acted upon rather than the mere fact of being found at a street corner or being a woman in the central business district at night."

The women who argue that they are a vulnerable group also contend that their Right to personal liberty guaranteed in Section 49 of the Constitution and their Right to equal protection and benefit of the law under Section 56 (1) of the Constitution has been violated.

Zimbabwe's Constitutional Court permanently stayed the prosecution of eight women who were arrested in March 2014 and charged under the guise of clamping down on prostitution after lawyers from Zimbabwe Lawyers for Human Rights mounted a constitutional challenge on the basis their prosecution amounted to deprivation of their liberty in contravention of Section 49 (1) (b) of the Constitution and was a denial of the fundamental right of the applicants to the protection of the law guaranteed under Section 56 (1) of the Constitution.