Members from the LGBTQ+ community gathered at the Cape Town Magistrates Court on Wednesday to support a trans woman who was denied access to a female public toilet.
Jackye Majawie, 36, a gender-based violence activist from Worcester, started her transition from male to female in 2015 at Groote Schuur Hospital.
In 2016, Majawie registered her NPO called Majawie Safe Space to serve the LGBTQIA+ community.
She says the alleged incident took place on 23 March 2023 when she entered a public toilet inside Golden Acre Mall and was told by a cleaner to use the male toilet instead.
“I was misgendered and my human rights were being violated when I was denied access to use a female toilet by another woman who works for a cleaning company. I took the matter further to the Equality Court because my dignity was disregarded in this matter,” says Majawie.
“She pulled me out of the toilet and refused me access because she identified me as a male and not a female. I always use the female toilet and identity as a female because all my identity documents state I am a woman.”
Majawie is suing the cleaner in her private capacity.
The media was barred from attending yesterday’s proceedings after the cleaner’s Legal Aid Lawyer told the court that he didn’t want to expose his client to public scrutiny.
The court case was postponed to 2 August.
“I feel there has been progress with the case since last year and now that I have a lawyer on my side, I feel like justice will be served,” adds Majawie.
Outside court, Medusa Iro, the communications officer for Gender Dynamix said: “We are at court a day before Mandela Day but Madiba’s legacy was equality, freedom, dignity and respect for all not just for trans or cis people but everyone because we are all human beings and must be treated as such.”
marsha.dean@inl.co.za