Transgender inmate fights for rights in South African prison

LAWYERS for Human Rights (LHR) will appear before the Gauteng High Court, Johannesburg, sitting as the Equality Court, on Friday to represent a transgender woman challenging what she deems as discriminatory and degrading treatment she is experiencing while incarcerated at Johannesburg Correctional Centre.

- ZELDA VENTER [e-mail]

The application, brought by inmate Nthabiseng Mokoena, is launched against the Department of Correctional Services, the minister and other officials on the basis that their conduct violated her constitutional rights to dignity, equality and freedom from unfair discrimination.

Mokoena argues that the department has entrenched systemic discrimination against transgender inmates by refusing to recognise their gender identity and denying them basic gender-affirming rights.

The violations, she claims, include refusal to use her chosen name and pronouns, denial of her gender expression (clothing, cosmetics, toiletries), verbal harassment and bullying.

Beyond addressing this alleged discrimination, the application seeks directives from the court, which include an order compelling the respondents to provide her with gender-affirming healthcare, as well as assistance in legally changing her name and gender marker.