PRESS STATEMENT Transgender Inmate: LHR heads to court to challenge denial of gender affirming health care

Date: 08/09/2025


On 12 September 2025, Lawyers for Human Rights (“LHR”) will appear before the Johannesburg High Court, sitting as the Equality Court, to represent Nthabiseng Mokoena (“Ms Mokoena”), a transgender woman challenging the discriminatory and degrading treatment she is experiencing while incarcerated at Johannesburg Correctional Centre. The application is brought against the Department of Correctional Services (DCS), the Minister of Correctional Services, and other officials, on the basis that their conduct violated her constitutional rights to dignity, equality, and freedom from unfair discrimination.

Ms Mokoena argues that DCS has entrenched systemic discrimination against transgender inmates by refusing to recognise their gender identity and denying them basic gender-affirming rights. The violations include refusal to use her chosen name and pronouns, denial of her gender expression (clothing, cosmetics, toiletries), verbal harassment and bullying and denial of gender-affirming healthcare.

Beyond addressing this discrimination, the application seeks a crucial directive from the court. This includes an order compelling the Respondents to provide the applicant with gender-affirming healthcare, as well as assistance in legally changing her name and gender marker. This case also seeks a directive for our client to be housed in a single cell or with other inmates who share her gender identity, in line with DCS’ Standard Operation Procedures.

Ms Mokoena states, “The transphobia within DCS senior management is undeniable. There’s a clear difference in how heterosexual inmates are treated compared to members of the LGBTQI+ community. The LGBTQI+ community is often treated as less than human. When we are hurt or attacked, no one speaks up or does anything to help. Those who harm the LGBTQI community are never held responsible. What is worse, when we try to defend ourselves or speak out about the unfair treatment, we are the ones who get punished.”

LHR believes this case is of critical importance in advancing the rights of transgender individuals, particularly those in vulnerable positions within the correctional system.

For media inquiries, please contact:

Nyeleti Baloyi

Attorney – Penal Reform and Detention Monitoring Programme

nyeleti[@]lhr.org.za

 

ENDS.

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