Sex change Bill to parly
2003-08-04 20:24
Cape Town - Legislation has been tabled in parliament which provides for the recognition of sex changes in South Africa's
birth register.
Significantly the Bill says that if a sex description is changed the 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".
This means a divorce settlement for maintenance, for instance,
would remain, even if the woman turns into a man.
The Alteration of Sex Description and Sex Status Bill, which will be piloted through parliament by Home Affairs Minister Mangosuthu Buthelezi, sets down the procedure for applying for alteration of one's "sex description" in the register of births and deaths - and makes amendments to the Births and Deaths Registration Act of 1992.
It reads that any person whose sex organs "have been altered by surgical or medical treatment or by evolvement through natural development result in a sex change 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".
The application must be accompanied by the birth certificate of the applicant and reports stating the nature and results of any procedures carried out any treatment applied by the practitioners who carried out the procedures.
It must also be accompanied by a report stating "the present sex appearance" of the applicant by a medical practitioner "other than" those involved in the procedures.
If the home affairs director general (DG) refuses the application he must furnish reasons. The applicant may apply to his or her district magistrate for an order directing the change of his or her sex description.
An application to the magistrate must be accompanied by documents listed above. "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."
If the application is granted the magistrate must issue an order directing the DG to alter the sex description in the birth register of the person named in the order.