The newest amendments to the BDRA and its regulations now
make provision for the recording of more ‘biometrics’, including
palm prints, hand measurements and retinal patterns.55 The local
Home Affairs offices are not equipped to implement these
provisions yet, but the recording of such biometrics will solve many
problems relating to birth registration. At the moment it seems
strict requirements for birth registration are implemented, because
a child cannot yet be linked to a birth certificate, and therefore his
parents, through biometrics. If it is eventually possible to link a birth
certificate to a child or an adult through biometrics, strict
requirements with regards to birth registration may be relaxed,
because of a reduced risk of fraud in birth certificates.
Legal framework on nationality and statelessness in South Africa
The Births and Deaths Registration Act (BDRA) provides for birth
registration of all children born on the territory, whether to South
Africans or foreign parents. Children born in South Africa who do
not qualify for citizenship are entitled to a birth certificate under the
Births and Deaths Registration Act. However, they are issued birth
certificates that do not include an ID number and the child is not
entered into the National Population Register. Before the
amendments to the BDRA and its regulations came into force on
1 March 2014, the regulations53 provided that foreign children
receive a handwritten certificate. The newest regulations on the
Births and Deaths Registration Act54 have removed the provision for
handwritten birth certificates and all children in the Republic shall
receive computer-generated, unabridged birth certificates. This is a
positive development since some service providers and foreign
authorities are reluctant to accept handwritten birth certificates as
authentic. It will also be easier to re-issue these certificates when
the original has been lost. LHR has encountered clients who have
been required to reregister their children if the handwritten
certificate is lost. It is unclear whether there is a birth register for all
births on the territory, as the current Acts refer to the National
Population Register (record of citizens and permanent residents),
which has replaced the reference to a birth register in previous Acts.
The BDRA requires all births to be registered within 30 days. It
has recently been coupled with Home Affairs' National Population
Registry Campaign, which has seen an increase in mobile
registration clinics, linkage of hospitals to the Home Affairs’ birth
registration system and efforts to enforce the requirement of a birth
certificate for children to enrol in crèche and school, to receive
medical treatment, to apply for foster care and social grants and
more.
53
54
55
GNR.2139 of 9 September 1992: Regulations in terms of section 32 of the
Births and Deaths Registration Act 51 of 1992.
GNR.128 of 27 February 2014: Regulations in terms of section 32 of the Births
and Deaths Registration Act 51 of 1992.
See section 1 of the BDRA
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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