The BDRA also provides for procedures colloquially known as ‘late registration of birth’ (LRB) which apply to any child registered more than 30 days after birth. Before the most recent amendment to the BDRA and regulations, children from 30 days to one year old could be registered with a maternity certificate from the hospital and other supporting documents, such as an affidavit explaining why the birth was not registered within 30 days. Registration of children aged one to 15 years required additional proof, including but not limited to school letters, baptismal certificates and letters from tribal chiefs. For people over 15 years of age, in addition to the above, a witness was required who is 10 years older than the applicant and who has known the applicant since childhood.56 The regulations to the amended Act now divide these late registrations of birth into two categories; children who are registered after 30 days, but before 1 year;57 and children who are registered after 1 year.58 The discretionary process which was implemented previously has been entirely substituted in the 2014 regulations by a list of requirements, which, if not complied with, must lead to a rejection of the notice of birth.59 The late registration of birth process was created to accommodate people who had not been registered under the previous Acts, taking into account the reality that many people were unregistered at the time. The LRB process accommodated those who could not meet the requirements for birth registration and allowed the submission of alternative proof of citizenship. Currently, there is still a need for some South Africans to acquire birth certificates through this process, but the non-discretionary nature of the new regulations will cause many South Africans to remain unregistered. The Department of Home Affairs intends to eliminate the LRB process entirely by the end of 2015, to address the perceived abuse of this system.60 It is currently unclear what remedy will be available for people who cannot meet the strict requirements of the BDRA or who are not registered within 30 days. The Minister announced that these cases would go through an appeal and adjudication process. Until the nature of this process is revealed, it is unclear what the requirements will be and whether 56 57 58 59 60 34 See regulation 6(7) in the repealed Regulations to the Births and Deaths Registration Act. See regulation 4 of the Regulations to the Births and Deaths Registration Act. See regulation 5 of the Regulations to the Births and Deaths Registration Act. See regulation 3, 4, and 5 of the Regulations to the Births and Deaths Registration Act. Budget Vote Speech 2014 by Minister of Home Affairs, Mr Malusi Gigaba (15 July 2014) available at http://www.dha.gov.za/index.php/statementsspeeches/489-address-by-the-minister-of-home-affairs-mr-malusi-gigaba-mpon-the-occasion-of-budget-vote-11-at-the-extended-public-committee-onhome-affairs (accessed 22 September 2014) Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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