Note: South African citizens born in South Africa can now apply for a Smart ID Card instead of the “green book”. The requirements for an ID application include the following: 1. 2. 3. 4. 5. application form (DHA-9 available at the office); certified copy of the birth certificate and naturalisation certificate, permanent residence certificate or refugee status certificate (whichever is applicable); certified copy of parents’ identity documents; two identical colour ID photos; and fingerprints to be taken at the office and imprinted on the application form. The first ID is issued free of charge, but if it is lost, damaged or destroyed, it can be re-issued at an extra cost. A temporary ID can be issued at a fee while you wait for your ID. Case law: The right to birth registration has been interpreted in various judgments. Some useful judgments are summarised below. Hadebe v Minister of Home Affairs [2007] JOL 18906 (D) - the mother of a child turned to the High Court following failure by the government to amend the details of her child’s birth certificate. The court found that Sec 28 (1)(a) imposes a duty on DHA to ensure the registration of births: The court stated that it is clear that if a child has, as is provided in Sec 28(1)(a) of the Constitution, the “right to a name from birth”, the official of the state who is charged with doing those things that enable his or her name to be recorded must have a correlative duty to facilitate the registration of that name in the records of the state. The court further stated that it is certainly not part of the function of the official to place technical difficulties in the way of such registration. SS Moyo v Minister of Home Affairs (2011) Case No: 44424/09 NGHC 6 June 2011 – citizenship can be determined from the contents of a birth certificate, e.g., place of birth or parentage – the court confirmed that a parent’s details could be added to the birth certificate even if the parent is deceased: This application on behalf of a minor child (Steven Moyo) to be declared a South African citizen 18| in terms of Sec 2 (1)(b) of SACA. His mother was an asylum seeker from Zimbabwe, and his father was a South African citizen, and they were unmarried. Steven sought to claim South African citizenship based on his father’s citizenship, but his father died before his birth was registered. DHA refused to include the father’s details in Steven’s birth certificate because it insisted that according to the regulations pertaining to birth registration of children born to unmarried parents, the father must present himself in person and acknowledge paternity in writing to be included on the birth certificate. Therefore, Steven could not claim South African citizenship. Based on evidence confirming his father’s paternity, i.e., that he lived together with Steven’s mother in a spousal relationship and a positive DNA test result, the court ordered DHA to add Steven’s father’s details to his birth certificate and to confirm his South African citizenship. Menzile Naki and another v Director General: Department of Home Affairs and Another (4996/2016) [2018] ZAECGHC 90 – confirms that undocumented mothers must be allowed to register the births of their children and unmarried fathers have an equal right to register children as mothers Mr. Naki (a South African citizen) and his partner, Ms. Ndovya (a DRC citizen) had a child together in South Africa. They were married in terms of DRC customary laws but considered “unmarried” by the DHA because their marriage was not registered and they had no marriage certificate. Due to this, DHA instructed them that the birth registration should be done under Section 10 of the BDRA – which stated that, children born to unmarried parents must be registered by the mother or at the joint request of the mother and father. However, DHA still refused to register the birth of the child on the basis that Ms. Ndovya could not produce valid identity documentation as required by the regulations to the BDRA. Prior to the birth of their child, Ms. Ndovya travelled to and from South Africa and the DRC to renew her South African visa. However, the visa expired shortly before she gave birth and this time she could not travel to renew it because she was at an advanced stage of her pregnancy. The parents, assisted by the Legal Resources Centre (LRC), successfully challenged DHA’s refusal to register the birth of their child in the High Court. Furthermore, the High Court