Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
11 April 2007

A man by any other name looks just as sweet…

Julio Cuesta on Tuesday became the first person in Spain legally to change their sex/gender description without undergoing surgery under a new law approved last month. Julio, who was born a woman, obtained the right to have his gender description officially altered to that of a man after taking hormones for at least two years.

In South Africa, the Alteration of Sex Description and Sex Status Act of 2003 also provides for a person to have his or her sex description changed without having surgery. Unfortunately, the officials at the Department of Home Affairs have failed to apply this law correctly and have refused applications of individuals who have not “completed” the surgery. Many individuals would like to do the surgery but cannot afford it, while others are happy not to do all the surgery available.

(Disclosure: I have been advising the group Gender DynamiX, who is now assisting individuals to challenge the decisions of the Home Affairs officials.)

Of course, despite all the evidence to the contrary, society continues to essentialise sex and gender as fixed, unchanging and exclusive categories. Many people experience their sex or their gender in more fluid terms. Some do not physically conform to the categories of “male” or “female”, while others do not associate themselves with the sex or gender that their bodies are supposed to reflect.

Yet from the moment we are born, we are policed and disciplined to ensure that we conform to prevailing societal sex and gender stereotypes. This is deeply oppressive to all of us because it diminishes our ability to make choices about our sex and gender identity and behaviour. However, because sex and gender policing is so all pervasive in our society, it is difficult to bring across the human rights angle to this issue.

The law therefore helps to perpetuate the existing oppressive sex/gender regime, enforcing a certain cultural construction of the world on all of us. Why should it matter to the state or anyone else whether we call ourselves a “man”, a “woman” or anything else? Why is it important for someone with a penis not to be effeminate or for someone with a vagina to wear a dress? There is nothing inherently good about these categories and there surely is no need to limit our sex or gender identities to these two categories only.

It is time that human rights law take note of the oppressive nature of the sex/gender dichotomy and begin to seek ways to accommodate a wider variety of sex and gender identities in our society. A start can be made by applying the existing law properly.

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