A transgender prisoner serving a life sentence at the Johannesburg Correctional Centre, also known as Sun City, has won a landmark Equality Court case securing her right to state-funded hormonal therapy and 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.
“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.
Born biologically male, Mokoena started identifying as female at the age of seven. She was given a life sentence for the 2010 robbery and murder.
In her application under the Promotion of Equality and Prevention of Unfair Discrimination Act, she said her rights had been violated in prison, highlighting harassment, denial of medical treatment, and restrictions on wearing feminine clothing.
Cosmetic medication
She told the court that after prison officials refused to provide hormone therapy, citing it as cosmetic medication, she had resorted to self-medicating with oral contraceptives.
Fisher ruled that Mokoena must be housed in a single cell or with other transgender inmates, be permitted to express her gender identity, and use 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.
The court also found that withholding hormone treatment amounted to unfair discrimination.
“Adequate healthcare includes providing hormone replacement therapy and all the supportive and associated treatment that this therapy entails.
In a major win for transgender rights in South Africa’s prison system, Fisher directed the department to pay for Mokoena’s treatment and guarantee her the freedom to dress in gender-neutral apparel.
