Gay prisoners to raise jail discrimination
Gender identity and discrimination in SA's prisons will come under the spotlight in two separate matters expected to be heard in the courts soon, Mail & Guardian Online reports. Jade September, a transgender woman, has started proceedings against the Department of Correctional Services for discrimination suffered at various prison facilities because of her gender identity and expression.
Her case, focusing on abuse suffered by prison officials, is expected to be heard in the Equality Court. September is also challenging the department for the facilities' refusal to acknowledge her gender. Among other complaints, she was made to wear men's prison clothes, she said. Sanja Bornman, of Lawyers for Human Rights, representing September, said the state had a duty to ensure substantive equality for all people under its care, but, 24 years after democracy, this was not happening.
Lawyers for Human Rights was also representing two gay male prisoners who were victimised by prison officials because of their sexual orientation. The facility where the abuse occurred has not been named as summons is yet to be served. The department's Singabakho Nxumalo said in terms of the Correctional Services Act, gays and lesbians in custody enjoyed the same right to dignity, to privacy and to healthcare without any prejudice. Inmates were therefore segregated by age, gender and risk classification, he said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





