September v. Subramoney and its Implications for Transgender Persons in South Africa

Abstract

This article discusses the case of September v. Subramoney heard in 2019 in the Equality Court. Following a discussion of the case, the article examines the implications of this case for future jurisprudence with reference to the use of non-binding international law in South African litigation, the implications this case has for other transgender inmates as well as its implications for other state institutions, for example the principle of reasonable accommodation in so far as it applies to transgender persons, the recognition of gender identity as an analogous ground in discrimination law, and the endurance of the binary model of gender identification in South Africa.