In a groundbreaking move, intersex individuals in Zimbabwe have taken the government to court, seeking official recognition and protection from decades of systemic exclusion. The High Court application, filed under case number HCH4743/25, aims to compel the state to acknowledge intersex people as a distinct category under Zimbabwean law.
The case, which has seven applicants, including two minors, demands the introduction of a third sex marker on birth certificates, IDs, and passports. The applicants also seek procedures to amend sex markers on documents and a ban on non-consensual, non-essential surgeries on intersex minors. Furthermore, they are pushing for full access to rights such as dignity, education, healthcare, and equality under the Constitution.
The minors, who are being represented by their legal guardians, have been denied education and social services due to discrepancies in their documents. One adult applicant was subjected to irreversible surgery as a child, resulting in lifelong health complications and mismatched identity papers. The Health Law and Policy Consortium and the Intersex Community of Zimbabwe have joined the case as institutional applicants, with the Registrar-General, Ministers of Home Affairs, Health, and Justice, and the Attorney General cited as respondents.
According to Tinashe Mundawarara, board chairperson of the Health Law and Policy Consortium, the failure to issue accurate identity documents violates children’s constitutional rights. “Section 81 (1)(c) of the Constitution guarantees every child the right to a birth certificate,” he argued. “By failing to ensure that intersex children are issued birth certificates that reflect their unique biological reality, the respondents deny them a fundamental right and create barriers to accessing essential services.”
The case seeks to address the systematic legal and administrative failures that have perpetuated exclusion, discrimination, and harm against intersex persons in Zimbabwe. Kudakwashe Murisa, director of the Intersex Community of Zimbabwe, emphasized that the matter goes beyond individual struggles, stating, “This case is historic. For the first time, the Zimbabwean legal system is being challenged to recognize the rights of intersex individuals as equal human beings under the Constitution.”
As an intersex person, Murisa highlighted the personal toll of mismatched documents, noting, “Being intersex, I have to explain myself each time I want to use my identity documents. This is because they don’t match with the sex I was assigned at birth.” The case is yet to be heard, but its significance extends beyond individual experiences, aiming to ensure that no intersex child will endure the same struggles in silence.
