The South African Sex Description Act was amended, signed by the President of South Africa and circulated in the Government Gazette, on 15 March 2004.
A quick overview of Act 49 of 2003:
The Act applies to:
- Persons having gender reassignment.
- Intersexed persons.
Requirements:
- For gender reassignment, reports by two medical practitioners.
- For intersexed persons, reports by a medical practitioner and a psychologist/social worker.
Who may apply?
Any person whose sexual characteristics have been altered by:
- i) surgical (treatment)
- ii) or medical treatment
iii) or by evolvement through natural development resulting in gender reassignment, or any person who is intersexed may apply to the Director-General of the National Department of Home Affairs for the alteration of the sex description on his or her birth register.
Note:
“…evolvement through natural development” is not defined in the Act, so it could be interpreted as changes in biological development, or as changes in psychological/social development.
Critical comment:
The Act assumes and demands that applicants must undergo some kind of change before they qualify for an alteration of sex description.
Click here to view a summary of the whole process (overview, history, parliamentarian lobbying, explanation of Act 49 of 2003, oral presentations, Parliament decisions, inadequacies, obstacles, impact, and way forward)