Queering the pitch — SAPS gets into gender muddle on new case docket forms

The vexed question of how many genders exist in 2024 has been answered by the South African Police Service: there are eight options for gender on its latest forms.

They are Male, Female, Lesbian, Gay, Bisexual, Transgender, Intersex or Queer.

That’s according to SAPS form 3M(a), required when opening a case docket at a South African police station, which now lists the above options for an individual to choose from under “Gender”.

Confirming that the form was real, spokesperson Athlenda Mathe told Daily Maverick: “The officer opening the case docket must complete [the form], but it contains personal details of the complainant or victim.”

In offering individuals the right to classify themselves by choosing from those eight categories, SAPS appears to have confused gender identity with sexual orientation.

In basic terms, sexual orientation — the L, G, B, and Q options on the form — refers to who one is attracted to, whereas gender identity refers to whether one considers oneself as male, female — or, as has gained acceptance in recent years, a blend of both, or neither.

As the saying goes: “Sexuality is who you go to bed with, and gender identity is who you go to bed as.”

The SAPS has introduced a new form, 3M(a). (Photo: Supplied)

When good intentions go awry

The form seems to be part of a muddled but well-intentioned attempt from SAPS to present a more inclusive face to the communities it serves.

When Daily Maverick queried the form, we were sent a copy of the SAPS newsletter Newsbreak, dated 15 January 2024, which was devoted to a “stakeholder engagement session” held by SAPS in Mpumalanga for “the LGBTQIA+ and persons living with albinism community”.

The newsletter highlighted “the strides made by the SAPS in ensuring through its services it promotes diversity and inclusion”. It includes several praiseworthy commitments, but reflects a similar ambiguity around the distinction between sexual orientation and gender.

“Transgender males, transgender females, intersex males and intersex females” must be “detained together”, it reads, while “Gay, lesbian and bisexual persons [should be] transported and detained in accordance with their biological sex.”

Activists call for forms to be scrapped

Queer activist Matuba Mahlatjie ascribed the confusion on SAPS’ part to misapplied government policies.

“SAPS seems to have taken the National Intervention Strategy for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Sector training they got a little too far, and got it wrong while they were at it,” Mahlatjie told Daily Maverick.

“It would be funny if it weren’t so tragic, but it’s also indicative of how we have progressive policies, but we don’t have the competency to thoughtfully implement them.”

OUT LGBT Well-being, an NGO, told Daily Maverick they believed the forms should be binned.

“While we appreciate the SAPS’ intention to be more inclusive with these new forms, their efforts have unfortunately gone awry,” said spokesperson Luiz de Barros on Tuesday.

“Confusing gender identity with sexual orientation demonstrates a worrying level of ignorance and highlights a lack of consultation with experts in this field. The categories used in these forms are not just unhelpful but harmful, as they perpetuate misinformation and confusion about sexual and gender diversity.”

De Barros called on SAPS leadership to engage with LGBTIQ+ civil society organisations in future to ensure that such efforts are “accurate, effective and non-stigmatising”.

The dark side to the form mixup is the reality that SAPS has had a shameful history when it comes to dealing with gay and trans hate crimes.

“Fear of secondary victimisation by police has long been a significant barrier for LGBTIQ+ individuals in reporting incidents of abuse, discrimination and violence,” De Barros pointed out.

A hate crime report by OUT LGBT Well-being in 2016, believed to be the first of its kind in SA, found that 41% of those surveyed said that they knew of someone who had been murdered due to their sexual identity or gender orientation.

Most worryingly, 88% of respondents said they would not report incidents to the police due to “concerns that police would not take them seriously, would do nothing with the complaint, were homophobic themselves, or even worse, were the abuser themselves”.

The new form was first flagged by TikTokker Troy Malange, and the responses from South Africans were largely characterised by resigned amusement.

Comments included: “It’s giving the loving uncle that wants to support you but really has no idea how”, and “They are trying bathong…they panicked and didn’t know what to do”. DM