Zimbabwe moves to review intersex laws after landmark court challenge

The government has begun reviewing Zimbabwe’s legal framework affecting intersex persons after being taken to court in a landmark constitutional case, with three cabinet ministers meeting experts, civil society organisations and people with lived experience to explore possible legal reforms.

The high-level breakfast meeting, convened by the Ministry of Justice, Legal and Parliamentary Affairs in Harare on Wednesday, brought together Justice Minister Ziyambi Ziyambi, Public Service, Labour and Social Welfare Minister Edgar Moyo and Health and Child Care Minister Douglas Mombeshora.

Justice Minister Ziyambi said the process was triggered by litigation challenging the government’s handling of intersex rights.

“Basically what we have done is we have received a court challenge regarding this issue (intersex) and we referred it to the Attorney General,” he said.

“After that we decided as a Ministry that we need to undertake research.”

He said the research, conducted through the Law Development Commission with support from the United Nations Development Programme (UNDP), was intended to help government better understand the legal and administrative challenges faced by intersex people.

Ziyambi acknowledged that while Zimbabwe’s Constitution recognises two sexes, government systems must grapple with situations where some citizens do not fit neatly into the existing binary classifications used in official processes.

“The research and this meeting are part of work in progress,” he said.

“We have presentations and testimonies and lived experiences, and we believe that out of the meeting, we will be able to come up with concrete measures.”

Public Service, Labour and Social Welfare Minister Edgar Moyo said discussions had exposed shortcomings in existing legislation.

“There is real gap in our statutes to address those issues. Because we are basically classified as male and female and then there are people falling in between,” he said.

Moyo said stigma and cultural beliefs had contributed to intersex issues remaining hidden, leaving many people excluded from essential services.

He said testimonies presented during the meeting showed that families often struggle to understand intersex variations, particularly when they become apparent later in childhood.

“Testimonies were heartbreaking, noting that parents may not always know or may not understand the issue early enough, particularly when traits emerge later,” he said.

Moyo said his ministry would work towards providing more inclusive support systems, adding that government must “live beyond culture” and “be adaptive” in promoting inclusivity.

Participants discussed obstacles faced by intersex people in accessing birth certificates, national identity documents, education, healthcare, banking services, employment and voting because existing documentation systems recognise only male and female classifications.

The Ministry of Justice said the next stage of the process would include validating research findings, drafting legal and policy recommendations for Cabinet, continuing consultations with intersex persons and civil society organisations, and providing feedback to stakeholders.

Intersex refers to naturally occurring biological variations involving chromosomes, hormones, reproductive anatomy or other sex characteristics that do not fit typical definitions of male or female.

The government’s review follows a historic High Court application in which seven applicants, including two minors, sued the state seeking legal recognition of intersex persons as a distinct category under Zimbabwean law.

Filed under case number HCH4743/25, the application seeks a declaration compelling the government to recognise intersex people in law, introduce appropriate identity document provisions, establish procedures for amending sex markers on official documents and protect intersex minors from non-consensual, non-essential surgeries.

The applicants argue that the absence of legal recognition has resulted in exclusion from education, healthcare and other public services, while government has now begun considering possible legislative and policy responses following the court challenge.