In theory, this procedure (late registration of birth) exists to allow
for universal access to birth registration for previously
disadvantaged persons. Unfortunately, in the past several years, LRB
has been targeted by Home Affairs for eradication due to it
becoming an avenue for fraudulent acquisition of citizenship.111
DHA has stated several times that it will end the process of LRB,112
although the procedure is still in force under current law and
available at local offices. From the state’s perspective, this
procedure must have its limits in order to guard against fraud.
Given that birth registration in South Africa is so intrinsically linked
with citizenship, the Department of Home Affairs certainly needs to
ensure the veracity of an applicant's claim, not only to birth
registration but also to citizenship in the Republic. That being said,
it is the work of social workers and legal practitioners to ensure that
these safeguards against fraudulent access to South African
nationality are not so burdensome and restrictive as to unduly limit
access to the essential service of late birth registration. Achieving a
fair balance in this procedure is a fine art, to be exacted most
accurately on a case-by-case basis.
Although a chain of referral may exist within the Department in
theory, in practice difficult or unusual cases are turned away and
not referred to superiors at all. The result is that window-level
employees of the Department of Home Affairs are determining who
is able to submit applications and hence to access their right to
South African citizenship. Further, some of the Department of
Home Affairs local offices appear to impose several administrative
requirements that are not aligned with current law and that are not
sensitive to unusual cases. LRB applications are administered at the
discretion of local office managers or the officer responsible for late
birth registration. In terms of the 2010 amendments this discretion
Finding a solution for clients: immigration status and citizenship
birth complies with the prescribed requirements for a late registration of
birth. [emphasis added]
111 See LexisNexis, ‘Preliminary Note on Citizenship’ stating ‘The system of “Late
Registrations of Birth” became a relatively easy method of acquiring South
African Citizenship post 1994, by either birth or descent and also unfortunately
became one of the most abused sections of both the Citizenship Act and also
the Births, Death and Marriages Act in the acquisition of fraudulent Birth
Certificates and Identity Documents. The reason for this can be attributed to
the fact that all that had to be submitted in order to register a birth was a so
called “School Certificate” or a Baptismal Certificate, coupled to a rather
simple affidavit effectively blaming the prior Government for not providing
access to registration facilities at the time of the birth of the applicant.
Registration of birth then ensued. This process became a gold mine for
unscrupulous “street agents” who fabricated the aforementioned documents,
obviously for a fee.’
112 News 24, ‘Late registration of birth to end’ (18 March 2010) http://www.
news24.com/SouthAfrica/Politics/Late-birth-registration-to-end-20100318
(accessed 3 October 2013); City Press ‘Militant with SA passport: Pandor
blames late registration of birth’ (26 September 2013) http://www. city
press.co.za/news/militant-sa-passport-pandor-blames-late-registration-birth/
(accessed 3 October 2013).
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
71
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