Transgender inmate wins landmark ruling

IN A groundbreaking judgment regarding the treatment of vulnerable populations in the country's prisons, the Equality Court sitting in Johannesburg ruled that a transgender inmate has the legal right for the State to provide her with hormonal treatment.

- ZELDA VENTER

THE Equality Court rules in favour of a transgender prisoner's right to gender-affirming care. File

(File)

Nthabiseng Mokoena, a transgender prisoner serving a life sentence at Johannesburg's "Sun City" Prison, scored a legal victory after she earlier turned to court in a bid to receive gender-affirming care, in the form of hormone replacement therapy.

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 Mokoena to wear feminising clothing, accessories, cosmetics and toiletries, as well as the department's failure to use her chosen pronouns.

Mokoena approached the Equality Court in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUA). She claimed that she is being subjected to harassment and discrimination at the hands of the State and particularly correctional services.