CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
DRC: initial registration within 90 days, after which possible on the basis of a court order.204
Eswatini: initial registration period 60 days, after which written authorisation is required.205
Lesotho: initial registration within 14 days in urban areas and 7 days in rural areas, with no
specific provision for late registration.206
Madagascar: initial registration within 30 days, and late registration is possible on the basis of
a court order.207
Malawi: initial registration within six weeks of the birth, late registration subject to a fee.208
Mauritius: initial registration within 45 days, after which an order of a district magistrate or of the
Registrar of Civil Status is required, and after three months a magistrate also requires the
conclusions of the Ministère Public.209
Mozambique: initial registration within 20 days; late registration is possible and if attempted
more than one year after birth can be supported by testimony .210
Namibia: initial registration within 14 days, after one year from the date of birth written
authorisation is required.211
Seychelles: initial registration within 30 days, after which an order of a judge is required and a
fine must be paid, which increases after three months212
South Africa: the act provides that initial registration is within seven days, after which reasons
may be demanded and fingerprints taken of the person giving notice; however, the regulations
provide an initial period of 30 days, after which a fee is payable, and further obligations apply
after one year.213
Tanzania: initial registration within three months; after three months the district registrar must
be satisfied of the correctness of the information and a fee is payable, and after ten years, the
approval of the Registrar-General is required.214
Zambia: initial registration with one month, after which a fee is payable, and after one year from
the date of birth written authorisation is required.215
Zimbabwe: initial registration within 42 days, and after one year from the date of birth, written
authorisation is required.216
In most countries, timely birth registration itself is free, although late registration may attract a fee, or the
parents may be subject to a fine for not registering in time. However, even if registration is free, the issue of
a birth certificate may have a charge attached which prevents access. This is the case in Zimbabwe, for
example, and although fees were reduced in late 2018 the perception of cost remained. Transport and
accommodation costs for witnesses may also create barriers if registration centres are not accessible.217
204
Loi n° 87-010 du 1er aout 1987 portant Code de la famille, as amended, arts. 106 & 116.
205
Births, Marriages and Deaths Registration Act,1983, secs. 7 & 15.
206
Births and Deaths Registration Act 1973, secs. 31 & 39
207
Loi n°2018-027 relative à l’état civil, arts. 45 & 111.
208
National Registration Act No.13 of 2010, secs. 24 & 25.
209
Civil Status Act No.23 of 1981, sec.12.
210
Lei no.12/2004 de 8 de dezembro do Código de registo civil, arts.118-123.
211
Births, Marriages and Deaths Registration Act No.81 of 1963 (RSA), as amended, secs.7 & 19.
212
Civil Status Act 4 of 1893, as amended, Chapter 34, Laws of Seychelles, sec.31.
213
Births and Deaths Registration Act No.51 of 1992, as amended, sec.9 ; Regulations on the Registration of Births and Deaths, 2014, regs.3 – 4.
214
Births and Deaths Registration Act 1920, as amended, Chapter 108, Laws of Tanzania, secs. 11 & 19.
215
Births and Deaths Registration Act No.21 of 1973, as amended, Chapter 51 of the Laws of Zambia, secs.14, 23 & 24.
216
Births and Deaths Registration Act No.11 of 1986, as amended, Chapter 5:02 of the Laws of Zimbabwe, sec.25.
217
“Report on The Gwanda Community Youth Development Trust Petition on Access to Primary Documents” (Parliamentary Portfolio Committee on
Defence, Home Affairs and Security, Zimbabwe, 27 August 2019), https://parlzim.gov.zw/national-assembly-hansard/national-assembly-hansard-27-
UNHCR / December, 2020
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