In a shocking ruling for a gay case, Botswana’s Justice Nthomiwa of Lobatse High Court this morning ordered that a transman’s gender marker be changed from female to male.
Though assigned the female gender at birth, the applicant, (who cannot be named as the Court has previously issued an order that the applicant’s identity remain confidential) identifies as a man.
The Court ruled that refusal to change the applicant’s gender marker was unreasonable and violated the applicant’s rights to dignity, privacy, freedom of expression, equal protection of
the law, freedom from discrimination and freedom from inhumane and degrading treatment.
Therefore, government has been ordered to change the gender marker on the applicant’s Omang from female to male.
Ntomiwa’s ruling is likely to set precedent for transwoman, Ricki Kgositau, who also wants her gender marker changed.
Her case will be heard in December before Judge Dambe.