ATT: Chief Director: Legal Services Department of Home Affairs 230 Johannes Ramokhoase St., Hallmark Building Pretoria, 0001 Fax: 086 514 4267 Tsietsi.sebelemetja@dha.gov.za moses.malakate@dha.gov.za 16 November 2018 Dear Sirs, The Centre for Child Law (CCL) and Lawyers for Human Rights (LHR) welcome the opportunity to submit comments on the draft regulations to the Births and Deaths Registration Act (BDRA) 51 of 1992. Since March 2011, LHR has operated a Statelessness Project that focuses on legal identity for all persons in the Republic. The Centre for Child Law contributes, within its means, to establish and promote the best interests of children in South Africa and to use the law as an instrument to advance such interests. Both the CCL and LHR provide direct legal services to individuals who face barriers accessing their right to birth registration and nationality. We have found that the BDRA, its regulations and their implementation forms the gateway that either hinders or facilitates people’s access to legal identity and nationality – without which all fundamental rights are inaccessible. The BDRA and regulations give credence to many constitutional rights, such as the right of every child to a name and nationality from birth (section 28 of the Constitution); as well as the rights that flow from nationality, such as citizens’ rights to political freedom, freedom of movement and residence, freedom of trade and occupation (sections 19, 21, 22 of the Constitution); the right of every citizen not to be deprived of their citizenship (section 20); and the fundamental rights to equality, human dignity, freedom and security of person, and fair labor practices of all persons on the territory, regardless of nationality (sections 9, 10, 11, 12, 23). As such the BDRA and its regulations are of utmost importance in providing practical and realistic 2