THE government faces a historic legal challenge as intersex persons demand the recognition of a third gender on birth certificates, identity cards, and passports. The case, filed at the High Court on 30 September 2025, is the first of its kind seeking legal recognition of intersex rights in the country.
Intersex people are born with a mix of male and female biological traits, which may include differences in chromosomes, hormones, or reproductive anatomy. Because of these traits, many struggle with identity documents that fail to reflect their reality, leaving them vulnerable to discrimination.
ICoZ director Kudakwashe Murisa explained the difficulties.
“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,” he told Newsonline.
Seven applicants – both adults and children – are part of the case. Some have been denied access to education and social services because their papers did not match their biological reality. Others faced discrimination in healthcare and employment.
Two organisations, the Health Law and Policy Consortium (HLPC) and the Intersex Community of Zimbabwe (ICoZ), are backing the legal action.
Respondents include the Registrar General, the ministers of Home Affairs, Health and Justice, as well as the Attorney General.
In his affidavit, HLPC board member Tinashe Mundawarara said the government’s stance violates constitutional rights.
“Section 81 (1)(c) specifically guarantees every child the right to a birth certificate. 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 such as healthcare and education,” he argued.
Globally, countries have begun recognising intersex and non-binary people in law. Germany in 2013 became the first European nation to allow parents to leave the gender field blank on birth certificates, and by 2018 it officially recognised “diverse” as a third option on legal documents. Nepal introduced a third gender category in 2007, Pakistan recognised “X” as a gender marker on identity cards in 2009, while Australia and New Zealand also allow third gender markers on passports.
Murisa said Zimbabwe must follow suit.
“This case is not just about one individual. It is about an entire community that has been made invisible for too long.”
The applicants are also asking the court to ban non-consensual surgeries on intersex minors. Some said they were subjected to irreversible procedures in childhood, leaving them with lifelong health complications and exclusion from society.
“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 added.
The High Court has not yet set a hearing date. If successful, the case could establish a precedent for intersex rights in Zimbabwe and shape wider debates on gender recognition across the region.
