3. This brief seeks to provide parliamentary decision-makers with a consolidated version of the text of the Act
as it currently reads, taking into consideration the latest jurisprudential developments. We hope that our
submission will provide insight, as well as an accessible source for what is law scattered across several
judgments, to enable you to provide effective monitoring of implementation. Implementation of these
judgments have been lacking in the past 5 years.
4. We also make the following recommendations toward better implementation of birth registration rights
for affected children. We urge the Committees to request the Department of Home Affairs to:
a. Circulate a Departmental directive to all its offices, informing them of the 4 court judgments, and
instructing them on implementation procedures.
b. Amend the Standard Operating Procedures (SOPs) for birth registration to include instructions
regarding the implementation of the 4 court judgments.
c. Monitor implementation of the 4 court judgments.
d. Withdraw Circular no 5 of 2014 requiring DNA paternity test results from unmarried and/or foreign
fathers for the purposes of birth registration.
e. Issue a new circular setting out a list of documents to be accepted as sufficient proof of paternity,
where an unmarried father seeks to register the birth of their child where the mother is unavailable.
Suggested wording is set out in paragraph 16 on page 8 below.
5. The CCL also request an opportunity to address the Portfolio Committees on this matter.
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