The tortoise is showing mixed characteristics. The gular is very small (female) and yet the anal scutes are spread such as male. It appears the tail is also a bit on the large side. I think maybe this is still a bit too small to determine correctly, but if you hold a hot iron to my feet, I'd go with male.
That is a male. I think the angle of the photo is misleading on the gulars. A photo from straight above of the full plastron would help - showing the gular development. (the gulars are the frontmost scutes directly under the chin in the plastron)