Alteration of Sex Description and Sex Status Act, 2003
Encyclopedia
The Alteration of Sex Description and Sex Status Act, 2003 (Act No. 49 of 2003) is a South African Act of Parliament
which allows a person to change, under certain conditions, their sex recorded in the population registry.
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
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
, 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 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
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
which allows a person to change, under certain conditions, their sex recorded in the population registry.
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
Sex reassignment
Sex reassignment may refer to:* Sex reassignment, changing the sex assignment of an infant or child by parents and doctors, usually because of fuller understanding of an intersex condition....
, people whose sexual characteristics have evolved naturally, and intersex
Intersex
Intersex, in humans and other animals, is the presence of intermediate or atypical combinations of physical features that usually distinguish female from male...
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
Minister of Home Affairs (South Africa)
The Minister of Home Affairs is the minister in the Cabinet of South Africa with responsibility for the Department of Home Affairs. The position includes responsibility for immigration, refugee and asylum policy, for the civil registry, and for the issuing of identity documents and passports.-List...
, 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 objected to the act based on the belief that sex is biologically determined at birth. The ACDP and National Action
National Action (South Africa)
The National Action , was a short-lived South African political party formed by Cassie Aucamp when he left the Afrikaner Eenheids Beweging in the 2003 floor-crossing window...
were the only parties to vote against the bill in the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
.