South Africa’s transgender community is eagerly anticipating a court ruling that could change their lives.

The Equality Court at the Gauteng High Court in Johannesburg on Sept. 12 reserved judgment for a case brought by Nthabiseng Mokoena, a trans woman who is an inmate at the Johannesburg Correctional Center (Sun City Prison) against the Department of Correctional Services and other officials.

According to Mokoena, who is being represented by Lawyers for Human Rights and others, the DCS commits systemic discrimination against trans inmates by refusing to recognize their gender identity and denying them basic gender-affirming rights.

Mokoena also argued the DCS has violated her rights by refusing her chosen name and pronouns, not allowing her to wear clothing and use cosmetics and toiletries that correspond with her gender expression, bullying her, and denying her gender-affirming healthcare.

“The transphobia within DCS’s senior management is undeniable,” said Mokoena. “There’s a clear difference in how heterosexual inmates are treated compared to members of the LGBTQI+ community. The LGBTQI+ community is often treated as less than human.”

Mokoena also said there is no recourse for her and other trans people when they are victimized; they are rather punished when they try to stand up for themselves.

“When we are hurt or attacked, no one speaks up or does anything to help,” said Mokoena. “Those who harm the LGBTQI community are never held responsible. What is worse, when we try to defend ourselves or speak out about the unfair treatment, we are the ones who get punished.”

Mokoena as a result wants the court to order the defendants to provide her with gender-affirming healthcare, assistance in legally changing her name and gender marker, and to be housed in a single cell or with other inmates who share her gender identity.

Letlhogonolo Mokgoroane, a nonbinary lawyer who represents Mokoena, said gender-affirming healthcare is recognized by medical professionals worldwide as essential healthcare.

“Gender-affirming care is not elective or optional, it is life-saving,” said Mokgoroane. “Denial of such care amounts to cruel and inhumane treatment, which is incompatible with the values enshrined in our constitution and international human rights standard. Trans rights are human rights.”

Access Chapter 2, a local LGBTQ organization which filed an amicus brief in support of Mokoena in the Equality Court, said it stands with her and all trans people who face systematic discrimination.

“Our submissions emphasized that gender-affirming healthcare is an essential component of primary healthcare, not an elective treatment. Denying access to gender-affirming healthcare violates the constitutional rights of transgender people to equality, dignity, and healthcare, especially those in detention facilities,” said Access Chapter 2.

Thabsie Mabezane, acting media and programs director at Lebo Basadi Foundation, an LGBTQ rights organization, said trans issues are complex and multifaceted and require a comprehensive approach that addresses legal discrimination, societal stigma, economic oppression, and healthcare access.

“Socially transitioning individuals who choose to live as their preferred gender without medical intervention, face unique challenges,” noted Mabezane. “They often lack access to essential services, including healthcare and social support, and may be excluded from projects aimed at uplifting LGBTQ+ individuals, hence the need to promote inclusivity, supporting advocacy efforts, and addressing the specific needs of transgender individuals.”

Even though South Africa has made strides in recognizing and advancing the rights of trans people, systematic and deeply-rooted transphobia in the country make it difficult for them to live openly and access gender-affirming health care.

South Africa National Assembly Speaker Thoko Didiza on June 17 swore in lesbian feminist Palomino Jama as a new MP.

Jama joins other LGBTQ legislators — including Public Works and Infrastructure Minister Dean Macpherson; Forestry, Fisheries and the Environment Minister Dion George; and Deputy Women, Youth, and Persons with Disabilities Minister, Steve Letsike.

Jama said she will work hard and excel as MP.

“What a great moment to be alive. Thank you youth of 1976, thank you Simon Nkoli, Phumi Mthetwa, Paddy Nhlaphos, Vanessa Ludwig, and others for what you did for the LGBTI people in the 80s and 90s. Lastly, for the fierce fist of the Jamas to always hit where it matters for the people of this country,” said Letsike.

Embrace Diversity Movement, a local LGBTQ organization, said Jama’s inauguration came at an appropriate time, during Pride month.

“Her swearing-in took place during a month of profound significance in June, which marks both international Pride Month and Youth Month in South Africa,” said the group. “Palomino is a seasoned queer activist and dedicated community builder with a distinguished record of leadership and service.”

“The EDM proudly supports Palomino in her deployment to parliament, her presence meaningfully advances youth and queer representation in public office,” added the Embrace Diversity Movement. “We are confident that she will serve the people of South Africa with integrity, courage, and distinction.”

South Africa is the only African country that constitutionally upholds LGBTQ rights. There are, however, still myriad challenges the LGBTQ community faces on a daily basis that range from physical attacks to online abuse.

Letsike in May faced a barrage of online attacks after she released a scathing statement against popular podcaster Macgyver “MacG” Mukwevho, who during a podcast episode in April insinuated that the reason behind popular socialite Minnie Dlamini’s “unsuccessful” relationships were probably due to the bad odor from her genitals.

Letsike, who viewed MacG’s comments as offensive, called for the podcaster to be summoned before parliament’s Portfolio Committee on Women, Youth, and Persons with Disabilities and criticized the local television station that aired the podcast.

X users and other social media subscribers bombarded Letsike with anti-lesbian comments. She, however, was unphased.

Letsike continues to face anti-lesbian comments, even though MacG apologized and the television station on which his podcast had aired cancelled its contract with him.

Two South African prominent LGBTQ organizations have become the latest victims President Donald Trump’s executive order that froze most U.S. foreign aid that the U.S. Agency for International Development disbursed.

Prior to the executive order, USAID had been playing a pivotal role in enhancing the rights of the LGBTQ community in South Africa through financial incentives. Since the executive order, many LGBTQ organizations have been struggling to remain afloat and provide services.

OUT LGBT Well-being on March 31 announced the closure of its Engage Men’s Health program.

The program offered stigma-free HIV and related health services through the President’s Emergency Plan for AIDS Relief, which USAID and the Centers for Disease Control and Prevention funded.

“For over a decade, OUT has been privileged to receive support through PEPFAR. In recent years, we proudly became the first local community organization to successfully graduate to direct recipient status of this funding from USAID. We are deeply grateful to the American people for their years of support,” sand OUT LGBT Well-being Executive Director Dawie Nel. “However, we regret the sudden and devastating impact of this funding withdrawal, not just on us, but on the thousands of individuals whose health and well-being depended on these services.”

Nel said Engage Men’s Health had managed to help 2,000 men who have sex with men stay on life-saving antiretroviral therapy, and provided 4,000 others with PrEP to prevent HIV infection.

“With these services now ending, we fear that HIV will spread more rapidly and that many will struggle to access the care they need,” added Nel. “While this marks the end of Engage Men’s Health, OUT LGBT Well-being will remain open. In the coming months, we will refocus our work and explore new ways to continue serving our community.”

Motlatsi Mkalala, board chair of Access Chapter 2, said USAID’s dismantlement has caused irreparable damage, which prompted the organization to close some of its branches and layoff some of its employees.

“As of the 1st of April 2025, operations across our various offices in the provinces of the Eastern Cape, Free State, Northwest, and Mpumalanga ceased,” said Mkalala. “The limited services at the headquarters in Pretoria will continue to run, but by a very small team.”

Emma Louise Powell, a South African MP and the Democratic Alliance party’s national spokesperson on international relations and co-operation, said PEPFAR since 2003 has played a transformative role in South Africa’s fight against HIV/AIDS, saving millions of lives and bolstering the country’s public health infrastructure. Powell said the cuts will prove disastrous.

“Given the critical nature of this life saving treatment, both government departments and non-profit organizations dependent on PEPFAR and related USAID funding across South Africa need more time to prepare for any potential phase-out of long-standing HIV/AIDS resourcing,” said Powell. “We call upon the secretary of state, Marco Rubio, and relevant policymakers to swiftly reinstate funding.”

Iranti spokesperson Mogau Makitla said Trump’s executive order is going to lead to the closure of many LGBTQ organizations. Makitla called upon the South African government to immediately step in and fill the funding void.

“South Africa has one of the highest rates of HIV/AIDS, whilst the government has made significant strides towards ending the pandemic, we anticipate that the closure of the aforementioned facilities will subsequently result in an increase in the spread of HIV/AIDS due to the decrease in management and mitigation services,” said Makitla. “Gender-affirming healthcare services, which have always been limited are also under threat as a result of the halt.”