•
•
can order the DHA to do so;
if the family cannot afford the DNA
test fees (i.e., R750 per person), the
Children’s Court may waive the
fees or grant an order confirming
the paternity of the father (Sec 21
Children’s Act); or
if the father refuses to assist with
the birth registration, the Children’s
Court may make an order compelling
him to produce his documents and to
accompany the child to the DHA if it
is necessary to do so.
3.
registration of the child; and
SACA: Section 2(2) states that if a child is
born in South Africa and would otherwise be
stateless, then the child is entitled to South
African citizenship.
Solution:
1.
conduct birth registration: follow late
registration of birth process since the child
is now 6 years old. Compile the following
documents:
•
•
•
•
CASE STUDY 2: Hope is an abandoned child
living in a CYCC in terms of an order of the
Children’s Court. No confirmable information
is available on Hope’s birth or parentage, but
the person who found Hope and dropped him
off at SAPS informed the police officer that she
was a friend of Hope’s mother - his mother was
from Angola and Hope was born at Germiston
Hospital in Johannesburg. His actual age is
unknown, but according to an age estimation
done during the Children’s Court inquiry, he is an
estimated 6 years old. Hope has no recollection
of his parents, and all family tracing efforts have
failed. The social worker liaised with the DHA to
ascertain if the child could obtain documentation
and legal status in South Africa, but the DHA said
they are unable to register the child’s birth since it
is unclear if he was born in South Africa, and they
cannot grant him citizenship since it is unclear if
his parents were South African citizens.
•
•
proof of birth from Germiston Hospital
(DHA-24/PB) – the notice of birth form
and affidavit for late registration of
birth (DHA/288) will be provided at the
DHA office (DHA-24);
Children’s Court order and the social
workers report presented to the
Children’s Court;
a certified copy of the ID or passport
and visa/permit of the social worker;
a certified copy of the ID or passport
and visa/permit of the child’s parents (if
available);
a certified copy of the death certificate
of the parents of the child (if available);
and
other helpful documents: maternity
certificate/clinic
card,
baptismal
certificates, school records, testimonials
– any further information from Hope’s
mother’s friend may also be helpful;
2.
citizenship status: the child can claim South
African citizenship by virtue because he was
born in South Africa and would otherwise be
stateless. Contact the Angolan embassy or
consulate to verify whether or not he can
claim Angolan citizenship; and
3.
Applicable law:
Children’s Court processes: if there are
any issues encountered during the process,
remember that the child is also protected by
the Children’s Court and can be approached
for an order in terms of Sec 45 or Sec 46 of
the Children’s Act on the following:
1.
•
2.
Constitution: Section 28 of the Constitution
confirms that every child born in South
Africa has the right to birth registration;
BDRA: Section 12 of the BDRA confirms that
in the case of an orphaned or abandoned
child, a social worker must conduct the birth
www.lhr.org.za
•
if the hospital refuses to give them a
proof of birth form, the Children’s
Court can order the hospital to do so;
if the DHA refuses to assist with the
birth registration, the Children’s Court
can order the DHA to do so; or
www.savethechildren.org.za
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