Online Reporter
Trust Freddy
Herald Correspondent
THE intersex community has filed a first-of-its-kind constitutional challenge in the High Court, demanding that the Government formally recognises and protects their rights under the supreme law.
This landmark case seeks a ruling to compel the State to acknowledge intersex persons—individuals born with a combination of male and female biological traits—as a distinct legal category, challenging the country’s strictly binary gender system.
According to the World Health Organisation (WHO), “intersex people are born with physical, hormonal, or genetic characteristics that do not conform to the typical binary biological definitions of male or female.
The applicants, which include seven individuals and two organisations, the Health Law and Policy Consortium (HLPC) and the Intersex Community of Zimbabwe (ICoZ), are pushing for several key changes.
They want a third sex marker introduced on birth certificates, IDs, and passports, as well as clear procedures for amending or correcting existing documents.
Additionally, they are calling for a ban on non-consensual surgeries on intersex minors and full access to fundamental rights, including dignity, education, healthcare, and equality before the law.
The respondents named in the case are the Registrar General, the Ministers of Home Affairs, Health, and Justice, and the Attorney General. The application remains pending, awaiting a court hearing date.
One of the applicants underwent irreversible surgery at the age of 15, now endures lifelong health complications and social exclusion.
The application remains pending, awaiting a court hearing date. According to the World Health Organisation (WHO), “intersex people are born with physical, hormonal, or genetic characteristics that do not conform to the typical binary biological definitions of
male or female.
Speaking at a media forum held on Monday in Harare, Tinashe Mundawarara, board chair for HLPC, in parts of their founding affidavit, stated that the lack of legal safeguards for intersex children violates Section 52 of the Constitution, which guarantees bodily
and psychological integrity.
“The failure of the Respondents to recognise intersex children as a distinct group and to provide mechanisms for issuing accurate identity documents violates the best interests of the child principle enshrined in Section 81 of the Constitution,” Mundawarara said
“Section 81(1)(c) specifically guarantees every child the right to a birth certificate. By failing to ensure that intersex children are issued birth certificates that reflect their unique biological reality, the Respondents deny them a fundamental right and create barriers
to accessing essential services such as healthcare and education. This omission undermines the best interests of intersex children, which should be paramount in all matters concerning them.
“The failure of the Respondents to recognise intersex persons as a distinct group and to provide mechanisms for issuing accurate identity documents violates Section 35 of the Constitution. This section guarantees every Zimbabwean citizen the right to accurate
identity documents, including birth certificates, national IDs, and passports. The current binary categorisation of male and female excludes intersex persons, perpetuating systemic marginalisation and discrimination.”
ICOZ director Kudakwashe Murisa said: “This case is historic. For the first time, the Zimbabwean legal system is being challenged to recognise the rights of intersex individuals as equal human beings under the constitution.
“This case is not just about one individual. It is about an entire community that has been made invisible for too long.”
