A summary of the court case filed by HLPC at the High Court of Zimbabwe, stating the parties involved and the relief sought.
The Health, Law and Policy Consortium (HLPC) held a media forum in Harare to inform media practitioners from various media houses, human rights advocates, intersex individuals, and parents of intersex children about its latest court case filed with the High Court of Zimbabwe under case number HCH4743/25.
Currently, Zimbabwean law does not explicitly recognise intersex individuals ( Intersex refers to individuals born with physical sex characteristics that do not fit typical definitions of male or female), often resulting in challenges regarding identity documentation and medical decision-making.
The case filed on 19 September 2025 seeks a declaratory order (a declaratory order is a court judgment that defines the legal position of parties without ordering any specific action), recognising intersex persons as a distinct category under Zimbabwean law.
This entails the introduction of intersex as a third sex marker on identity documents, which include birth certificates, national identity cards and passports and the establishment of clear legal and administrative procedures to amend or correct sex markers on such documents. It also calls for the prohibition of non-consensual medical interventions (non-consensual medical interventions are procedures performed without the individual’s informed agreement) on intersex minors, except in emergencies or with informed consent.These measures aim to protect the rights and dignity of intersex individuals, ensuring they are not subjected to unnecessary medical procedures and have access to accurate legal documentation.
Dorcas Chitiyo, HLPC’s Programs Coordinator, unpacking the court case summary to the participants at the Media Forum, September 2025, Harare.
The Media forum was a defining moment in HLPC’s continued work to advance equality and bodily autonomy for intersex individuals in Zimbabwe, following its earlier advocacy efforts, including the Identity in Crisis documentary and a 2025 strategic meeting to prepare for the recently filed court case. HLPC and the intersex community, represented by lawyers from the Tsunga Bamu Law International, saw the case as a historic opportunity for Zimbabwe to confront longstanding gaps in its legal and administrative systems that continue to erase intersex persons from formal recognition. In his remarks, HLPC’s board chairperson, Tinashe Mundawarara, explained that the case draws its strength from Zimbabwe’s own Constitution, which guarantees equality, human dignity and the right to personal security. “The current binary categorisation of male and female excludes intersex persons, perpetuating systemic marginalisation and discrimination,” he said, urging the media to play its part in reshaping public understanding.
Additionally, HLPC’s Programs Coordinator, Dorcas Chitiyo, described the litigation as both a legal and human rights imperative. “This is not only about a change in documents,” she said, “it is about acknowledging human diversity and ending the medical and social violence that intersex persons face from birth.” She stressed that many intersex children grow up carrying the trauma of unwanted surgeries, denied access to education, and excluded from basic services because their documents do not align with their lived realities.
A group photo of participants at the Media Forum, September 2025, Harare.
The Media Forum created a platform for sharing personal stories about navigating identity and advocating for intersex rights in Zimbabwe, and the importance of visibility and support for intersex individuals. Kudakwashe Murisa, one of the applicants in the case and Director of the Intersex Community of Zimbabwe (ICoZ), shared, “This case is important to me personally. For the first time, the Zimbabwean legal system is being challenged to recognise the rights of intersex individuals as equal human beings. It is not just about one individual, it is about an entire community that has been invisible for far too long.” Murisa spoke about the daily humiliation of having to explain identity documents that do not match his appearance, and the fear intersex persons feel every time they must produce their Identity documents in public spaces.
Parents of intersex children shared stories that laid bare the emotional and social cost of silence. One parent recounted her experience upon giving birth to an intersex child, noting that her husband was unsupportive and ultimately disowned their child. She highlighted that the challenges extended beyond the family sphere, “Even at school, other children ridicule my child, and I am distressed by the lack of safety for my child both at school and within the broader community.” Another parent described how her child faces stigma from both peers and teachers when trying to participate in extracurricular activities at school, as the child is often excluded or ridiculed regardless of which group they join. This ongoing rejection affects the child’s mental health. However, both parents expressed that they are hopeful that soon the plight of intersex children will be resolved through the filing of the case with the court. One of the parents stated, “I am optimistic that, with the submission of this case to the High Court of Zimbabwe, our children’s rights will be recognised and they will be able to exercise these rights free from stigma or ridicule.”
Munyaradzi Doma, a Media Practitioner, shares his reflections during the Media Forum, September 2025, Harare.
Members of the media who attended the forum described it as insightful. One journalist noted, “This discussion has influenced my approach to reporting these stories.” He also commended the parents of intersex children for participating in the platform, stating that hearing directly from them about their experiences provided new perspectives and reshaped his previous understanding before the media forum. “This is an important human rights concern that demands attention, media professionals have a duty to raise awareness, inform the public, and report with well-informed viewpoints”, he said. Some media practitioners admitted that their previous reporting on intersex issues had been limited to medical or sensational stories, without understanding the legal and human rights dimensions. Civil society representatives present at the media forum echoed that the case will set a precedent not only in Zimbabwe but across Africa, where few countries have moved towards legal recognition of intersex persons.
The meeting also delved into the practical implications of the court challenge. Reflections were shared about how the concerned Respondents in the matter might accommodate intersex as a third marker, what procedures would be required to amend existing documents for intersex persons, and whether the health system is prepared to adopt consent-based approaches to intersex medical care. HLPC’s team acknowledged the complexity of the path ahead but reaffirmed its commitment to work collaboratively with state institutions, its partners, intersex individuals, parents of intersex children and communities.
Some of the intersex persons present at the forum pointed out that the media forum was their first time to discuss their experiences openly in a room full of journalists. “This is my first time interacting with media practitioners. Now that our case is before the courts, I hope the media will take this opportunity to amplify our voices and educate the public. It is important that citizens understand our situation, rather than laughing at us or calling us names,” said Tendai Gwese, an intersex individual. The media forum for HLPC was another step in its long-term work of using law and policy for the recognition and enjoyment of rights for intersex persons. “We assert that the case is not about creating division but about ensuring that everyone, regardless of sex characteristics, is seen, recognised, and protected under the law”, said Dorcas Chitiyo.
The media forum was a moment of collective reflection, strategising and a declaration of visibility and dignity for intersex individuals. Furthermore, it marked a new chapter in the struggle for recognition and equality, one where every identity matters, every voice counts, and everybody is worthy of protection under the law.
