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Groundbreaking victory for transgender inmate's rights at Sun City Prison

The Mercury

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November 12, 2025

A TRANSGENDER inmate has won a groundbreaking Equality Court ruling in Johannesburg, affirming her legal right to receive hormone therapy provided by the State.

- ZELDA VENTER

Judge Denise Fisher found that the failure to provide gender-affirming health care to the transgender inmate constitutes unfair discrimination and harassment. This also includes the refusal by correctional services to allow her to wear feminising clothing, accessories, cosmetics and toiletries, as well as the department's failure to use her chosen pronouns.

Under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUA), Nthabiseng Mokoena, a transgender prisoner serving a life sentence at Johannesburg’s “Sun City” Prison, approached the Equality Court saying that she is being subjected to harassment and discrimination at the hands of the State and particularly correctional services.

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