A Western Cape High Court has ruled that individuals have the right to amend their gender even if they were married as heterosexuals.
This comes as a result of a case around three women and their spouses‚ who took the department of home affairs to court after it had refused to change their gender description.
The department said the amendments could not be made since the couples were married in terms of the Marriages Act 25 of 1961‚ that applies to heterosexuals.
According to a report by Times Live, The Legal Resources Centre took up the case after one of the LRC’s clients had their marriage deleted from the National Population Register‚ while two others were advised to get divorced in order to give effect to their gender rights.
Western Cape High Court Judge Ashley Binns-Ward declared that the conduct by the department infringed on the applicants’ rights to administrative justice‚ equality and human dignity and was inconsistent with the department’s constitutional obligations.