It is often said that our courts, though not faultless institutions, are the last line of defence for individual rights that would otherwise be trampled upon by collective prejudices.
This statement was again affirmed this week when the equality court awarded R600,000 in damages to a transgender woman who was stripped naked by members of her church.
Karabo Ndlovu was humiliated by elders of the International Pentecost Holiness Church who forced her to undress in a public toilet and subjected her to a physical examination, all because the pastor did not believe she was female. In 2012 Ndlovu had gender reassignment surgery.
A year later she joined the Tweefontein G branch of the church. In 2015, shortly after she got engaged, the incident took place.
This week the equality court awarded her damages and further ordered that the church apologise to her after the court found she had proven a case of gross discrimination. Such an apology should be verbal and written, delivered by the most senior person in the church.
The case is not unique nor does it occur in a vacuum. Notwithstanding our progressive rights and laws as enshrined in the constitution, ours is a deeply prejudicial society, in particular against the LGBTQI+ community. These deeply held prejudices manifest themselves in hate crimes often expressed through the violation of privacy or dignity, or violent attacks and the murder of members of this community.
Those who perpetrate these acts, be it in churches or other institutions, do so emboldened by the knowledge that in our society such discrimination and hate is usually justified using religion or tradition. They know that often their despicable acts will go unpunished. Instead, victims are ostracised, dehumanised and at times left vulnerable by the systems meant to protect them.
This culture must not be allowed. Ours must be a progressive society that despises prejudice and rejects it in all its manifestations.
While the courts remain legal advocates for the protection of our constitutional rights, we too have a responsibility, socially, to create communities governed by a common understanding and acceptance without question that all human rights are sacred.
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