Page:Alteration of Sex Description and Sex Status Act 2003.pdf/3



in the case of a person whose sexual characteristics have been altered by surgical or medical treatment resulting in gender reassignment, be accompanied by reports stating the nature and results of any procedures carried out and any treatment applied prepared by the medical practitioners who carried out the procedures and applied the treatment or by a medical practitioner with experience in the carrying out of such procedures and the application of such treatment;

in every case in which sexual characteristics have been altered resulting in gender reassignment, be accompanied by a report. prepared by a medical practitioner other than the one contemplated in paragraph (b) who has medically examined the applicant in order to establish his or her sexual characteristics; and

in the case of a person who is intersexed, be accompanied by—

a report prepared by a medical practitioner corroborating that the applicant is intersexed; and

a report prepared by a qualified psychologist or social worker corroborating that the applicant is living and has lived stably and satisfactorily, for an unbroken period of at least two years, in the gender role corresponding to the sex description under which he or she seeks to be registered.

(3) If the Director-General refuses the application contemplated in subsection (1), he or she must furnish the applicant with written reasons for the decision.

(4) If an application contemplated in subsection (1) is refused, the applicant may appeal to the Minister of Home Affairs against the decision taken by the Director-General.

(5) An application contemplated in subsection (4) must be lodged with the Minister within 14 days after the decision of the Director-General was made known and must be accompanied by the documents referred to in subsection (2) and the reasons for the Director-General's refusal.

(6) If an appeal in terms of subsection (4) is refused, the applicant may apply to the magistrate of the district in which he or she resides for an order directing the change of his or her sex description.

(7) An application contemplated in subsection (6) must be accompanied by the documents referred to in subsection (2) and the reasons for the Minister's refusal.

(8) On the date and at the time determined by the magistrate the applicant must appear before the magistrate in chambers and must at the request of the magistrate furnish such additional information and proof as the magistrate may require.

(9) If the application is granted the magistrate must issue an order directing the Director-General to alter the sex description in the birth register of the person named in the order.

(10) An applicant may, on his or her appearance before the magistrate, be assisted by a legal representative.

Order for alteration of sex description

3. (1) If the Director-General grants an application contemplated in section 2(1) or receives an order from a magistrate in terms of section 2(9), the Director-General must proceed in terms of section 27A of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).

(2) A person whose sex description has been altered, is deemed for all purposes to be a person of the sex description so altered as from the date of the recording of such alteration.

(3) Rights and obligations that have been acquired by or accrued to such a person before the alteration of his or her sex description are not adversely affected by the alteration.