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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