Abstract:
Society as a whole has for eons been premised on the
importance of patriarchy and heteronormatity. During this time society
has seen gradual leaps regarding people in the LGBTQI+ community.
South Africa appears to be at the foreground of this recognition of
the rights of people in this marginalised grouping. However, what
may be present on paper may not appear to be what it is. This case
discussion examines the extent to which, among others, the Alteration
of Sex Description and Sex Status Act as well as the Marriage Act fail to
address the matters ancillary to transgender individuals and the glaring
discrimination faced by the transgender community in the face of a
country that prides itself in a sense of equality that unfortunately is not
enjoyed by all its people. To illustrate this point, it is important to examine
the above-mentioned Acts in conjunction with KOS v Minister of Home
Affairs. There appears to also be a glaring deficit in the fundamental
understanding between sex and gender within the legislation and a
need to update the legislation to the contemporary shift in the issues
faced by the LGBTQI+ community.
