On the 23rd of September, the South African Equality Court handed down a judgement in favour of Jade September, an incarcerated transgender woman and sex worker. The Court held that the respondents from the State’s Department of Correctional Services had unfairly discriminated against September by not allowing her to express her gender identity.

September was sentenced to prison for 15 years after being convicted of murder, theft and attempted theft of a motor vehicle. Serving part of this sentence in spaces designated for males, September was harassed by prison officials for being transgender and prevented from expressing her gender. She was forced to cut her hair and prohibited from wearing make-up, jewellery and gender-affirming underwear. Prison staff refused to address September as a woman and use she/her pronouns. She was also placed in segregated confinement as punishment for her behaviour.

In response, September took the matter to court. Represented by Lawyers for Human Rights, she made the case that “her gender identity is the core and the essence of who she is as a human being”. Her team argued that her treatment in prison amounted to unfair discrimination and that her rights – according to the South African Constitution, international law, and foreign and domestic judgments – had been violated. Read more via African Arguments