The Lusaka High Court has granted a Lusaka woman an
application in which she wanted to be allowed to be addressed
as a man.
Judge Betty Majula-Mung’omba’s in her judgment has since
ordered the Registrar General of Births and Deaths to
change her birth records from female to male after medical
tests proved she was in fact a man.
Hellen Sibanda of Lusaka had applied to the Court to change
her gender as determined by medical experts and scientific
evidence.
She was also granted her application to change to the male
name of Rick Sindaba Nkuba and the court advised Hellen to
file a deed pole by lodging documents and paying the
prescribed fees in accordance with statutory instrument
number 40 of 2014 of the births and deaths registration.
She argued that her parents and doctors were mistaken by
her gender due to her phenotypically female features in
terms of the external structure.
Medical tests showed that Hellen had testicles trapped
underneath the stomach and what appeared externally as a
vagina was in fact a blunt which was unconnected to any
reproductive organ, whilst what she thought was a clitoris
was in fact a micro penis which is capable of ejaculation.
The tests further revealed that Hellen had no ovaries or
womb or other female reproductive organs.
“The applicant in this matter has for several years now
labored under the belief that she is female. This is as a
result of the fact that she was born with a defect known as
disorder of sex development (DSD). As a result of this, all
her records such as the birth record, certificates, driving
license and educational certificates bear her as being that of
a female,” read the judgment.
“Growing up in her community and indeed in her
household, she was always treated as such female. In her
later years, like every girl her age, she awaited the onset of
puberty and the attendant consequences thereof.
To her disappointment, she experienced no such
physiological developments. This left her and her parents
wondering what was amiss, prompting her to seek medical
assistance from Dr Brown Kamanga who advised her to
undergo a blood test to determine the structure of her
genetic makeup. She obliged and following the test, it was
revealed to her that her genetic makeup is, what in
biological terms referred to as 46XY chromosomes,
signifying that she is a male.”
Judge Mung’omba also ordered the Examinations Council of
Zambia and all schools which Hellen had attended to change
her certificates to reflect that of a male.
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