VICTOR AJ South Africa. Upon its expiry, she was at an advanced stage of pregnancy and could neither apply for a new visa nor travel back to the DRC. [9] Following the birth of their daughter, they sought to register her birth with the Department of Home Affairs (Department). The Department refused to register her birth because Ms Ndovya was not in possession of a valid visa or permit and could not comply with Regulations 3(3)(f),6 4(3)(f)7 or 5(3)(f),8 regardless of the fact that their daughter was a South African citizen.9 They were informed that their daughter’s birth could not be registered until such time that Ms Ndovya complied with the Regulations. The Department refused to recognise their customary law marriage, and thus, NN had to be treated as a child born out of wedlock. Litigation history [10] The parents subsequently brought an application in the High Court of South Africa, Eastern Cape Division, Grahamstown to: (i) review and set aside the 6 Regulation 3(3)(f) provides: “A notice of birth . . . must be given by, where possible, both parents . . . and be accompanied by— ... (f) a certified copy of a valid passport and visa or permit, where one parent is a non-South African citizen.” 7 Regulation 4(3)(f) provides for the late registration of the birth of children of South African citizens: “A notice of birth . . . must be given by, where possible, both parents . . . and be accompanied by— ... (f) a certified copy of a valid passport and visa or permit, where one parent is a non-South African citizen.” 8 Regulation 5(3)(f) provides for the late registration of the birth of children older than one year born of South African citizens: “A notice of birth . . . must be given by, where possible, both parents . . . and be accompanied by— ... (f) a certified copy of the identity document or passport and visa or permit of the parents of the child or persons whose birth is sought to be registered, where one of the parents is a non-South African citizen.” Section 2(1)(b) of the South African Citizenship Act 88 of 1995 provides that “any person who is born in or outside the Republic, one of his or her parents, at the time of his or her birth, being a South African citizen, shall be a South African citizen by birth”. See further this Court’s recent judgment in Chisuse v Director-General, Department of Home Affairs [2020] ZACC 20; 2020 (6) SA 14 (CC); 2020 (10) BCLR 1173 (CC) (Chisuse). 9 7