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See regulation 6(7) in the repealed Regulations to the Births and Deaths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