The regulations reveal that the Department of Home Affairs is now
permitted to deny a person access to late registration of birth on
the grounds that he or she is unable to produce all required
documentary proof. Where a client is unable to submit an
application for late registration of birth, as an attorney you should
send a letter to the manager of the office in which such refusal was
made, copying if possible the District Manager, the District Coordinator, and the Deputy Director-General of Civic Services. Such
letter should request the decision in writing along with written
reasons for the decision within 90 days in terms of PAJA.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
Finding a solution for clients: immigration status and citizenship
(e) a certified copy of the identity document of the biological or
adoptive mother or father or both parents of the child whose birth is
sought to be registered, as the case may be;
(f) a certified copy of a valid passport and visa or permit, where one
parent is a non- South African citizen;
(g) where applicable, a certified copy of the death certificate of any
deceased parent;
(h) where applicable, a certified copy of the marriage certificate of the
parents of the child whose birth is sought to be registered;
(i) where applicable, a certified copy of the identity document or valid
passport and visa or permit of the next-of-kin or legal guardian;
(j) Form DHA-288/A illustrated in Annexure 2A;
(k) where applicable, Form DHA-288/B illustrated in Annexure 2C; and
(l) proof of payment of the applicable fee.
(4) Where a woman gives birth to more than one child during a single
confinement, the notice of birth contemplated in subregulation (1) must
be given for each child separately on Form DHA-24 illustrated in
Annexure 1A with all the supporting documents contemplated in
subregulation (3) and the exact time of each birth must be recorded in
that Form.
(5) A notice of birth which does not meet the requirements of
subregulations (3) and (4), shall not be accepted.
73
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