Home Affairs’ approach is “coloured by the persisting influence of the religious and social prejudice against the recognition of same-sex unions” says judge.
By Safura Abdool Karim for GROUNDUP.
The Western Cape High Court ruled on the rights of married transgender people to change their gender with Home Affairs last week.The Alteration of Sex Description and Sex Status Act, 2003 allows you to apply to the Director-General of the Department of Home Affairs to change your sex (or “sex descriptor” as it’s called in the act) on the birth register. Specifically, the Act allows for your sex to be changed if you have undergone surgical sex reassignment, have experienced a natural evolution of your sexual characteristics or you are intersex. Any rights and obligations you held before the registration, are still valid after the change. You are also entitled to a new birth certificate reflecting your amended sex.