Intersex Persons Seek Third Gender on IDs in Historic High Court Bid

Seven intersex Zimbabweans have taken a historic High Court case seeking third gender markers on IDs and bans on non-consensual surgery, citing constitutional rights (image source)

Seven intersex applicants have filed a High Court application seeking formal legal recognition as a distinct category and the inclusion of a third sex marker on birth certificates, identity documents and passports. The applicants argue that the state’s failure to recognise their biological realities denies them essential rights and services, according to legal filings and advocacy groups.

The application, filed under case number HCH4743/25, names the Registrar General, the ministers of Home Affairs, Health, Justice, and the Attorney General as respondents. It asks the court to establish administrative procedures to amend or correct existing identity documents and to prohibit non-consensual, non-essential surgery on intersex minors. Court papers list seven applicants, including minors denied schooling and social services because their documents do not reflect their biology, and one adult who underwent irreversible surgery as a child and now lives with lifelong health complications. Two organisations — the Health Law and Policy Consortium (HLPC) and the Intersex Community of Zimbabwe (ICoZ) — also joined the case as institutional applicants.

In a founding affidavit, HLPC board member Tinashe Mundawarara argued that the failure to issue accurate documents violates Section 81(1)(c) of the Constitution, which guarantees every child the right to a birth certificate, and creates barriers to accessing healthcare and education. “Section 81 (1)(c) specifically guarantees every child the right to a birth certificate,” Mundawarara wrote.

ICoZ director Kudakwashe Murisa described the case as a watershed moment for intersex rights in Zimbabwe. “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,” Murisa said in a statement.

The applicants argue that formal recognition would secure dignity, education, healthcare, and equality before the law, while requiring new administrative procedures to allow timely correction of documents. The matter has not yet been set down for hearing. The case comes amid a parallel government process to develop a legal framework for intersex protection, following a July stakeholder dialogue hosted by the Ministry of Justice with UNDP support. That dialogue flagged the need to align reforms with Zimbabwe’s Universal Periodic Review commitments and regional human-rights standards.

Human-rights commentators say the case could set a precedent nationally and influence regional practice if the court grants relief. Activists emphasise that reforms must be paired with public education, medical-ethics protocols, and safeguards to protect bodily autonomy for minors.

If successful, Zimbabwe could join a growing number of jurisdictions recognising intersex persons in law and introducing stronger protections for their rights.