VICTOR AJ
surnames, if the consent of the mothers has not been obtained or if the mothers are
unavailable. There are instances where a mother may be available but, for whatever
reason, consent may not have been obtained. There are also instances where the mother
may have disappeared and left the child with the father, and thus not be available to give
consent. Second, there is the problem of undocumented mothers who live and give birth
to children in South Africa and are unable to register the births of these children. Third,
another difficulty arises as a result of the requirement that parents who are
non- South African citizens must produce a certified copy of a valid passport or visa.5
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Regulations on the Registration of Births and Deaths, GN R128 GG 37373, 26 February 2014. Regulation 8
provides:
“Notice of birth of children born of parents who are non-South African citizens:
(1)
A notice of birth of a child born of parents who are non-South African citizens
and who are not permanent residents or refugees must be given as
contemplated in sub-regulation (3) by either parent of the child within 30 days
of the birth of the child in the Republic.
(2)
Where the parents of the child whose birth is sought to be registered as
contemplated in sub-regulation (1) are deceased, the notice of birth may be
given by the next-of-kin or legal guardian of the child.
(3)
A notice of birth referred to in sub-regulation (1) must be given to the
Director-General on Form DHA-24 illustrated in Annexure 1A and be
accompanied by—
(a)
(4)
proof of birth on Form DHA-24/PB illustrated in Annexure 1D
attested to by a medical practitioner who—
(i)
attended to the birth; or
(ii)
examined the mother or the child after the birth of the child;
(b)
an affidavit attested to by a person who witnessed the birth of the
child where the birth occurred at a place other than a health
institution on Form DHA-24/PBA illustrated in Annexure 1F;
(c)
a certified copy of a valid passport and visa or permit of the mother
or father, or both parents, of the child, as the case may be;
(d)
where applicable, a certified copy of the valid identity document or
passport and visa or permit of the next-of-kin or legal guardian;
(e)
where applicable, a certified copy of an asylum seeker permit issued
in terms of section 22 of the Refugees Act of the mother or father or
both biological parents of the child;
(f)
where applicable, a certified copy of the death certificate of any
deceased parent of the child;
(g)
where applicable, a certified copy of the marriage certificate of the
parents of the child whose birth is sought to be registered;
(h)
where applicable, Form DHA-288/B illustrated in Annexure 2C; and
(i)
proof of payment of the applicable fee.
Where a woman gives birth to more than one child during a single
confinement, the notice of birth contemplated in sub-regulation (1) must be
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