“She has been subject to verbal abuse and harassment from prison officials‚ and at one stage was placed in segregated confinement after trying to express her gender. Her personal items have been arbitrarily confiscated‚ and she was forced to cut off her braided hair‚ which is a marker of Ms September’s feminine identity.
“This treatment‚ in more than one prison facility‚ has traumatised Ms September and caused considerable damage to her mental health‚ resulting in a suicide attempt in December 2017.”
Bornman said September did not want to be transferred to a women’s prison.
“Because [she] has never had access to gender-affirming health care‚ she is likely to stand out even more and be at greater risk of victimisation and violence in a women’s prison‚” she said.
“For this reason‚ it is the duty of the state to accommodate her where she currently is…because there are no separate prisons for transgender or gender non-conforming people. In fact‚ as far as prison laws and policies are concerned‚ transgender people simply do not exist. This is unacceptable.”
Lawyers for Human Rights said the prisons department claimed September must conform to a male identity for her own safety.