CHR & PsySSA Head to the Constitutional Court as Amici Curiae in Landmark Case on Consent

CHR & PsySSA Head to the Constitutional Court as Amici Curiae in Landmark Case on Consent

On 25 September 2025, the Centre for Human Rights, University of Pretoria (CHR), and the Psychological Society of South Africa (PsySSA) will appear before the Constitutional Court of South Africa as amici curiae in the matter of The Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (CCT314/24) and Centre for Applied Legal Studies and Others v The Embrace Project NPC and Others (CCT315/24).

Represented by Lawyers for Human Rights, PsySSA and CHR were admitted as amici curiae earlier this year and have filed both written and oral submissions. The case follows the Pretoria High Court ruling of 30 September 2024, which declared certain sections of the Criminal Law (Sexual Offences and Related Matters Act, 32 of 2007) unconstitutional for failing to criminalise sexual violence where perpetrators unreasonably believed that a complainant had consented.

Why this case matters

The issue of consent in sexual offence cases is complex. PsySSA and CHR’s submissions highlight:

  • The hardwired nature of trauma responses (i.e., such as paralysis, numbness, and immobilisation) that may prevent survivors from expressing non-consent.

  • The impact of intersecting identity factors (age, social status, culture, orientation) that create power imbalances and limit the capacity of survivors to assert themselves.

By presenting psycho-legal perspectives, PsySSA and CHR seek to support a holistic, survivor-centred understanding of consent that reflects the lived realities of trauma.

Looking ahead

Other organisations before the Court include the Centre for Applied Legal Studies (CALS) and the Women’s Legal Centre Trust (WLCT). Each has presented distinct arguments regarding how consent should be defined in law.

PsySSA and CHR’s intervention underscores the importance of recognising psychological and social dimensions of trauma when interpreting consent in future prosecutions of sexual offences.

Click here to view the Media Statement

Invitation to Respond: Real talk not rhetoric: An invitation to dialogue to Helen Zille

Invitation to Respond: Real talk not rhetoric: An invitation to dialogue to Helen Zille

A recent Facebook post by Helen Zille, “The ‘trans’ Debate Revisited”, refers. In this post Helen Zille reflects disquiet around trans people and services. We too experience disquiet, but about her intervention.

Therefore, as the Sexuality and Gender Division (SGD) of the Psychological Society of South Africa (PsySSA) we invite Zille to a dialogue. The complexity of trans lives cannot be reduced to 18 numbered points, what is needed is “real talk”, face to face, that respects nuance and is not just point-making rhetoric.

On the surface, Zille’s 18 points look like a fair attempt to “balance” different perspectives. But when you scratch just beneath the surface, the language used – even when it sounds polite – ends up reinforcing harmful stereotypes and deepening the marginalisation of trans people.

This is what many people call symbolic violence – where the damage isn’t physical, but is done through the way people are spoken about, misunderstood, or quietly erased (like trans men, on whom Zille is silent). And it often hides behind “reasonable” language. As a former journalist, Zille knows that language matters.

One key example is the use of the term “biological men” to refer to trans women. On the face of it, that might seem like a neutral or factual term. But in reality, it’s a loaded phrase. It tells a story – not just about bodies, but about trust, threat, and danger. When trans women are constantly framed as “really men,” and men are assumed to be dangerous by default, it creates a false and deeply unfair narrative: that trans women are simply predators in disguise. This is not only untrue – it’s profoundly damaging. It paints an entire group of people with suspicion, just for existing. It also leans on a harmful idea that all men are violent or predatory – which is itself problematic. So the language here is doing double harm.

We must ask: if trans women are consistently framed as deceptive, dangerous, or untrustworthy, what space does that leave for their humanity? For their safety? For their right to live in peace?

Then there’s the issue of trans youth. There’s been a growing panic – often fuelled by media and social media – that children who are questioning their gender are being “pushed” into transitioning too quickly. But this narrative just doesn’t line up with the facts on the ground.

In reality, there are many barriers to transitioning, especially in South Africa. There are long waiting lists, and there is only a small number of knowledgeable healthcare workers, who are overburdened and can only support a small number of clients. Furthermore, families are sometimes unsupportive and school spaces may shame gender non-conforming behaviour – in sum, transitioning is not something young people can simply rush into. In fact, many spend years wrestling with confusion, fear, and rejection before they are even able to speak to someone about it, let alone access any kind of medical support.

So when people claim, “We must protect the children,” but ignore the actual suffering and exclusion that trans youth face every day, it raises an uncomfortable question: which children are we really protecting? And from whom?

Too often, “protect the children” becomes a slogan that’s used not to help trans youth, but to silence them – to cast them as confused, manipulated, or dangerous to others. Notions of “protection” have been used before: against gay and lesbian people. Now they’re aimed at trans people. The target changes, but the effects are as insidious.

Here’s the real issue: we are talking about a small, deeply stigmatised, group of people who are just trying to survive and be recognised. Trans people – especially Black and working-class trans people – face extreme rates of violence, unemployment, and rejection. And yet the public debate keeps painting them as the threat. The harm this does is real, and perhaps we forget that trans people are our sons, daughters, brothers, sisters, mothers and fathers, our kinfolk, not faceless threats to women in bathrooms.

We’ve seen this deployment of dehumanising language before in South Africa. We know how power can dress itself up in politeness. We know how “neutrality” can be used to protect the status quo. We know what it feels like to be spoken about instead of being spoken with.

As a group of psychologists who actually work with sexually and gender diverse communities, we challenge Helen Zille to do two things. Firstly, meet with representatives of trans communities; talk with them, not about them, to their face. Perhaps some learning can happen?

And secondly, we invite her to a dialogue with us, as qualified and professional psychologists. We believe we can bring the nuance, evidence and science this topic deserves. JK Rowling has openly mocked trans people; South Africa, and Zille, are better than this.

Discovery Health’s Fraud, Waste and Abuse (FWA) processes

Discovery Health has written to the President of PsySSA to explain how they handle issues of Fraud, Waste, and Abuse (FWA) in healthcare. They want to ensure that their investigations are fair and thorough. To help with this, they’ve set up a panel of experts who can step in and help resolve disagreements between Discovery Health and healthcare providers. These experts/panelists are all professionally qualified and accredited in facilitation, mediation and/or arbitration.

For more details, see the letter below:

Statement on the Arrest of Professor Dr Nadera Shalhoub-Kevorkian – (AMENA-Psy)

Statement on the Arrest of Professor Dr Nadera Shalhoub-Kevorkian – (AMENA-Psy)

The American Arab, Middle Eastern, and North African Psychological Association (AMENA-Psy), alongside the Palestinian Feminist Collective and numerous academics, expresses deep dismay over the arrest and detention of esteemed feminist socio-legal scholar and children’s rights advocate, Professor Nadera Shalhoub-Kevorkian, on April 18, 2024. Dr. Shalhoub-Kevorkian’s apprehension from her residence stems from an ongoing suppression of free speech and an unjust suspension by the Hebrew University of Jerusalem over the past seven months.

EMERGENCY CALL FOR ACTION

EMERGENCY CALL FOR ACTION

EMERGENCY CALL FOR ACTION!!

 

Around 5 pm on Thursday, April 18, 2024, Hebrew University professor and internationally renowned feminist scholar Nadera Shalhoub-Kevorkian was arrested by Israeli police at her home in the Old City of Jerusalem on the charge of incitement to violence.

Take action today for Prof Nadera Shalhoub Kervokian’s immediate release!

Use the hashtag #FreeNadera and tag @HebrewU on all social media platforms.