The Alteration of Sex Description and Sex Status Act, 2003 (Act No. 49 of 2003) is a South African

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

which allows a person to change, under certain conditions, their sex recorded in the

population registry Civil registration is the system by which a government records the vital events (births, marriages, and deaths) of its citizens and residents. The resulting repository or database has different names in different countries and even in differ ...

. Under the act, three types of people may apply to the Department of Home Affairs for a change of the sex description in their birth record: people who have undergone surgical or medical sex reassignment, people whose sexual characteristics have evolved naturally, and

intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bin ...

people. The applicant must submit medical reports describing their situation; in the case of intersex people they must also submit a psychological report stating that they have lived for two years with their chosen gender identity. If the application is refused, it may be appealed to the

Minister of Home Affairs An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...

, and if the appeal is refused the decision may be challenged in the Magistrate's Court. Once an application is approved the Department will issue a new birth certificate and identity document. The change in sex is valid for all purposes, but does not affect any rights or obligations the person had before it occurred. The law was criticised by the Cape Town Transsexual/Transgender Support Group because it requires medical or surgical treatment before a change can be registered. Conversely, the African Christian Democratic Party (ACDP) objected to the act based on the belief that sex is biologically determined at birth. The ACDP and National Action were the only parties to vote against the bill in the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...

. In 2013 it was reported, in response to a question in Parliament, that 95 people had legally changed their gender under the law. It was also reported that problems have been encountered by applicants because officials are not consistent in their interpretation of the medical requirements.

References

External links

Official copy of the act

{{Transgender topics Transgender law LGBT law in South Africa South African legislation 2003 in South African law Transgender in Africa 2003 in LGBT history