The Equality Court in Cape Town will soon hear a groundbreaking case on the rights of transgender prisoners. The court will have to decide whether a correctional facility has to take steps to reasonably accommodate transgender female prisoners who are currently in a male prison. This would include, among other things, allowing transgender female prisoners to wear make-up, wear female clothing, and be addressed by the use of the female pronoun and their chosen name.

The case is about Ms J, a transgender woman, currently in the Helderstroom Maximum Correctional Centre in Caledon, Theewaterskloof. J was convicted and sentenced for murder in May 2013 for a period of 15 years. Although J identifies as female, she was placed in an all-male prison.

J alleges that she has been subjected to various acts of discrimination and harassment by correctional officials as a result of her gender identity. J’s attorneys addressed several letters to Mr S (the head of Helderstoom) as well as the Department for Justice and Correctional Services in order to resolve her grievances, but nothing came of this.

For this reason, J lodged an application in the Equality Court setting out a case of unfair discrimination on the grounds of gender as well as “harassment” in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (The Equality Act). The application was brought against Mr S, the Minister of Justice and Correctional Services and the National Commissioner for Correctional Services. Gender Dynamix, a transgender rights advocacy NGO, has also been admitted as a friend of the court to make submissions to assist the Court in making a ruling. Read more via Mamba Online