Press Statement | Lawyers for Human Rights Welcomes Landmark Victory | High Court Against Discrimination Of Transgender Inmate

Date: 14/11/2025


Lawyers for Human Rights (“LHR”) welcomes the landmark judgment delivered by the Gauteng Local Division of the High Court, sitting as an Equality Court, in the matter of Nthabiseng Mokoena v Head of Johannesburg Correctional Centre and Others (Case No. 2024/070075).

The Court found in favour of Ms. Nthabiseng Mokoena, a transgender woman, ruling that the systemic failure of the Department of Correctional Services (DCS) and other officials to respect her gender identity and provide necessary healthcare constituted unfair discrimination and harassment.

The judgment sets a crucial precedent, affirming that the constitutional rights to dignity, equality, and freedom from unfair discrimination extend fully to transgender individuals in custody.

The High Court delivered a decisive ruling, making the following orders against the State:

  1. DCS is ordered to allow Ms. Mokoena to wear clothing, accessories, cosmetics, and toiletries that express her gender identity, and to ensure she is addressed as a woman using the “she/her” pronoun.
  2. The State is ordered to provide Ms. Mokoena with gender-affirming healthcare in the form of hormonal treatment and all necessary supportive treatments at State expense. The Court emphasised that this care must be provided during all forms of restriction, including periods of parole.
  3. DCS is ordered to accommodate Ms. Mokoena in a single cell or in a cell with inmates of the same gender identity.

LHR views this judgment as a monumental step forward in advancing the rights of transgender individuals, particularly those in vulnerable positions within the correctional system, and establishing that Gender Affirming Health Care is a constitutional right, not an optional luxury.

This ruling underscores the State’s obligation to provide a greater standard of health care for inmates.

Read the Judgement here: https://www.lhr.org.za/…/nthabiseng-mokoena-v-head-of…/

ENDS

For media inquiries, please contact:

Nyeleti Baloyi

Attorney – Penal Reform and Detention Monitoring Programme

nyeleti@lhr.org.za

Nthabiseng Mokoena

nthabisengbeverlymokoena@gmail.com

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