Alteration of Sex Description and Sex Status Act, No. 49 of 2003

Busisiwe Deyi, Sibusiso Kheswa, Liesl Theron, Mandivavarira Mudarikwa, Charlene May, Maxine Rubin

The Alteration of Sex Description and Sex Status Act, No. 49 of 2003 (Act 49) is an important piece of legislation. It seeks to legally enable transgender and intersex people to amend their identification documentation from the gender recorded at their birth to reflect their true gender identity. Transgender individuals do not identify with the gender that was assigned to them at birth. Transgender persons feel a complete mismatch between their gender identity and their biological/physical sex. Act 49 was developed to enable transgender individuals to change the sex description that was captured on their birth certificate and other identity documentation in order to accurately capture their gender identity.