Johannesburg – In a landmark ruling for transgender rights within South Africa's correctional system, a transgender prisoner serving a life sentence at the Johannesburg Correctional Centre, commonly known as Sun City, has won a significant Equality Court case. The court has secured her right to state-funded hormonal therapy and the recognition of her gender identity.
Judge Denise Fisher ruled on Monday that adequate healthcare, as required under South African law for all prisoners, must now include hormonal treatment for transgender inmates. The court found that the Department of Correctional Services had unfairly discriminated against the prisoner, Nthabiseng Mokoena, by denying her access to prescribed hormone therapy.
Mokoena, born biologically male, began identifying as female at the age of seven. She is currently serving a life sentence for a robbery and murder committed in 2010.
In her application under the Promotion of Equality and Prevention of Unfair Discrimination Act, Mokoena argued that her rights had been violated within the prison system. She highlighted instances of harassment, denial of medical treatment, and restrictions on wearing feminine clothing.
“The profound misery and distress that is experienced by transgender persons when their ability to exist in a state of psychological and emotional integration is denied to them is accepted by all parties in these proceedings,” Fisher wrote, underscoring the importance of recognising and supporting transgender individuals' identities.
Mokoena told the court that after prison officials refused to provide hormone therapy, classifying it as "cosmetic medication," she had resorted to self-medicating with oral contraceptives, a practice that could have serious health consequences.
Fisher ruled that Mokoena must be housed in a single cell or with other transgender inmates, be permitted to express her gender identity, and be referred to using she/her pronouns.
“The limitations placed on her by the department are unreasonable and obstructive. They evidence a cynical disregard for her rights,” Fisher said, criticising the Department of Correctional Services' treatment of Mokoena.
The court also determined that withholding hormone treatment constituted unfair discrimination.
“Adequate healthcare includes providing hormone replacement therapy and all the supportive and associated treatment that this therapy entails," the ruling stated, setting a clear precedent for the standard of care required for transgender prisoners.
In a significant victory for transgender rights in South Africa’s prison system, Fisher directed the Department of Correctional Services to pay for Mokoena’s treatment and guarantee her the freedom to dress in gender-neutral apparel, further affirming her right to express her gender identity.
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