Regulation 30 Illegal foreigners
(1) Upon requesting authorisation as contemplated in
section 32(1) of the Act, an illegal foreigner who has neither
been arrested for the purpose of deportation nor been
ordered to depart and who wishes to apply for status after the
date of expiry of his or her visa, shall –
(a) demonstrate, in writing, to the satisfaction of the
Director-General that he or she was unable to apply for such
status for reasons beyond his or her control; and
(b) submit proof to the Director-General that he or she is in
a position to immediately submit his or her application for
status.
(2) Authorisation to remain in the Republic as contemplated
in section 32(1) of the Act shall be granted on Form 20
illustrated in Annexure A.
(3) As soon as the final decision in respect of the application
for status has been made, the authorisation contemplated in
subregulation (2) shall lapse.
(4) An illegal foreigner who has satisfied an immigration
officer that he or she will depart from the Republic as required
by section 32(1) of the Act, shall be ordered by that
immigration officer on Form 21 illustrated in Annexure A to
depart from the Republic within a period of 14 days of having
so been ordered: Provided that such period may, for good
cause, be extended.
3.2.4 Births and Deaths Registration Act 51 of 1992
Birth registration is key to nationality in South Africa. For all those
who qualify for citizenship or permanent residence, it is the critical
moment when a person is entered into the National Population
Register. In order to obtain an ID in South Africa, one must first
apply for a birth certificate and be issued with an ID number. Only
at this point can a South African citizen apply for an ID and
passport and conduct other civil registry activities, such as
registering one’s children’s births, registering marriages and
registering deaths.
Home Affairs recently took a decision to cease issuance of
abridged birth certificates; for all births after 4 March 2013, only
unabridged birth certificates will be issued.52 Unabridged
certificates are also known as ‘long birth certificates’ and include
one’s parents’ details. Abridged certificates are shorter and only
include one’s name, place of birth, date of birth and ID number.
52
32
South African Government Information, ‘Minister Naledi Pandor to issue
unabridged birth certificates to parents of newly born babies at Park Lane
Hospital in Johannesburg’ (28 February 2013) available at http://www.
info.gov.za/speech/DynamicAction?pageid=461&tid=99998
(accessed
3 October 2013).
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide