- Nthabiseng Mokoena alleges degrading treatment in prison due to her gender identity.
- The case accuses state institutions of violating constitutional rights to dignity, health, and equality.
- Civil society groups and oversight bodies join to push for accountability and systemic change.
When Nthabiseng Mokoena was arrested and detained at Johannesburg Correctional Centre’s Medium B facility, she never expected that her experience would culminate in a landmark Equality Court case.
what began as incarceration quickly transformed into a harrowing journey through institutional neglect, discrimination, and silence, simply because she is a transgender woman.
Mokoena has taken a bold step by challenging several organs of state, including the Department of Correctional Services, the Department of Health, and the Judicial Inspectorate for Correctional Services, in what legal experts are calling one of the most important legal battles around transgender rights in democratic South Africa.
At the heart of her case is the argument that she was subjected to degrading treatment while incarcerated, with the state failing to recognise and protect her gender identity. According to Mokoena’s founding affidavit, prison officials refused to accommodate her as a transgender woman, denied her access to hormone therapy, and placed her in environments that exposed her to trauma and danger. These acts, she argues, amount to unfair discrimination and a violation of her constitutional rights to dignity, equality, and access to healthcare.
A call for accountability across state institutions
Mokoena’s case, brought with the support of Lawyers for Human Rights, seeks both declaratory and remedial relief under the Promotion of Equality and Prevention of Unfair Discrimination Act. The Equality Court is being asked not only to address what happened to her, but also to examine the broader institutional failures that enable the mistreatment of transgender detainees. The application names high-level officials from the Departments of Justice, Health, and Correctional Services, holding them accountable for what Mokoena describes as a breakdown in their constitutional duties.
The state’s delays in responding have also drawn attention. After missing initial deadlines to file answering affidavits, the respondents were granted extensions, which they again failed to meet. The applicant warned that the matter would proceed on the unopposed roll, underscoring the state’s lack of urgency in addressing claims that strike at the heart of constitutional rights.
The role of civil society and oversight bodies
Civil society organisations have stepped in to strengthen the legal case and highlight systemic issues. The law clinic Access Chapter 2, known for its LGBTQI+ advocacy, was admitted as amicus curiae, and is expected to provide both legal and expert submissions detailing the lived experiences of transgender persons in detention. Their involvement adds weight to the argument that Mokoena’s case is not isolated, but reflects broader patterns of exclusion and harm within state institutions.
The court has also allowed the Judicial Inspectorate for Correctional Services to be joined as a respondent, acknowledging its oversight role in prison conditions and its prior involvement in Mokoena’s case. The inclusion of JICS could provide critical insight into whether adequate safeguards exist for inmates who are most at risk, including transgender persons.
Toward a more inclusive justice system
The matter has been set down for hearing on 30 September and 1 October 2025 in the South Gauteng High Court, sitting as the High Court and the Equality Court. All parties have been directed to file their submissions in advance, with costs reserved pending judgment. Behind the legal timelines and court orders lies a deeply personal fight for visibility, dignity, and inclusion.
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