Illustrative
Scenarios
1
In South Africa, unmarried fathers cannot register the births of
their children in the absence of or without the consent of the
mother. This can place the child at risk of statelessness if the
mother is undocumented, missing or deceased. LHR,
representing the Centre for Child Law, launched a
constitutional challenge to this provision in the Births and
Deaths Registration Act after Mr. Naki (a South African citizen)
could not register the birth of his new daughter because the
mother (a DRC citizen) was unable to renew her expired visa
close to the time she was due to give birth.
2
LHR assists an increasing number of South African
citizens with blocked / duplicate identity
documents. These clients only realise their IDs are
blocked after trying to apply for a travel document or
to access their bank accounts and do not receive any
prior notice or an opportunity to challenge the
decision to block their IDs. This constitutes an
arbitrary deprivation of nationality as the
Constitution stipulates that all administrative action
must be procedurally fair, lawful and reasonable. It
can take the Department of Home Affairs years to
resolve the situation while the affected person’s life is
in limbo.
Without an ID, one cannot register for school,
register a birth, get a job, access a bank account or
a social support grant.