Approaching a Home Affairs branch is an unwelcome prospect for many South Africans. Long waits, bureaucracy and paperwork are hardly something to look forward to. But for those approaching Home Affairs to change their gender marker, there is an added layer of stress: the fear that they are going to need to justify their existence throughout each step of the process.
At first, the process of preparing her applications went smoothly. She filled out the relevant paperwork and took it to the births and deaths section of the branch, where such applications are processed. The person on duty was polite and quick to assist in processing her fingerprints and forms. However, Act 49 of 2003 does not require a transgender person to show they have had surgery in order to change their gender marker. The “medical treatment” described in the act encompasses hormone therapy. Robus therefore refused to accept this requirement.
“This is brand new. I had never heard of the requirement for a psychiatrist letter in advance,” said Robus. While this time, her application to change her gender marker was allowed through, she was told she could not apply to change her forename at the same time, as this is not permitted by Home Affairs. This means that Robus will need to wait months – perhaps even years – for her updated identity information, only to apply for yet another change.
Walker emphasised that a person can change their gender marker and forename at the same time. “I think for me, the important thing to get to the community is that they can do it – it’s in the [Home Affairs] standard operating procedure. And just to… ask Home Affairs officials to go and read it,” she said.
The consequences of having a gender marker on one’s official documents that doesn’t match one’s gender identity are “multiple, and can be very profound”, she continued.
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