Xolani Msthweni has been left stranded as his gender maker application lodged on 9 October 2019 with the Delmas Home Affairs District Office reportedly remains unprocessed for nearly two years.
Speaking with the Highveld Chronicle, Msthweni asserted that he approached the Delmas Home Affairs District Office on 9 October 2019 requesting to change his gender status from female to male.” Highveld Chronicle has been shown Form BI-526 by Msthweni as proof of application to change gender status description.
The form BI-526 is stamped on 9 October 2019 by the Delmas Home Affairs District Office and signed by a Commissioner of Oaths. Msthweni alleged that he was told by officials at the District Office to return in December of 2019 to make a follow up on the request. As instructed, Msthweni returned to the District Offices in December 2019 and was told to return in January 2020. Upon Msthweni’s return to the district offices in January 2020, he was told that, “Delays in your request are being caused by the Home Affairs Head Office in Witbank,” he pointed out.
“I proceeded to make inquiries at the Witbank Home Affairs Head Office where I was old that the problem was with the Delmas Home Affairs Office District Office. I went back to the Delmas Home Affairs Office to find out what was going on. I was told that my case had been viewed and ignored because the person in charge is always busy,” he further told the Highveld Chronicle.
The Alteration of Sex Description and Sex Status Act 49 of 2003 (Act No.49 of 2003) read with Section 27(A) enables Xolani Msthweni and any other South African citizen to change or alter their gender maker or description in certain circumstances. Msthweni’s allegations led Highveld Chronicle’s investigations to make an inquiry with the Mpumalanga Home Affairs Provincial Office. Ndalisa Jele, the Mpumalanga Home Affairs provincial manager received the inquiry and redirected the communication to the district manager to provide information on the case.
Marlene Ngema, the Delmas Local Office manager said, “We acknowledge receipt of the complaint received on 19 March 2021. Attached hereto is a print-out with regard to the progress on the client application. All necessary documents from the local office were sent to Head Office in order to resolve the above application.”
“Even if the Alteration of Sex Description and Sex Status Act 49 of 2003, up until now since 2003 the act is not accompanied with protocols on how to implement it,” Sibusiso Kheswa, the Programme Specialist at IRANTI said. “There is no guideline or standard operating procedure in place as yet at the Department of Home Affairs that deals with transgender-intersex and non-binary people although the law clearly states what one needs to have to be able to change gender maker,” Kheswa pointed out.
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