Chapter 6 CASE STUDIES documents: • • • CASE STUDY 1: Peter’s mother is a Zimbabwean citizen with an expired visitor’s visa. She approached the Vereeniging DHA local office to register the birth of her child who is 5 years old and was born in a hospital in Vereeniging. She got told that she must register the birth in Zimbabwe because she is a foreigner. She mentioned that the child’s father is a South African citizen but they are not married and not on speaking terms. She got instructed to obtain a paternity test to prove that he is the father of the child, and the test will cost R750.00 for each person, but she cannot afford this amount. Applicable law: 1. 2. 3. Constitution: Section 28 of the Constitution confirms that every child born in South Africa has the right to birth registration; BDRA: Section 9 of the BDRA confirms that one or both parents of the child can give notice of birth and conduct the birth registration of the child; and SACA: Section 2(1)(b) states that if one of the parents is a South African citizen, the child is automatically a South African citizen. Solution: 1. 36 | Conduct birth registration: follow late registration of birth process since the child is now 5 years old. Compile the following • • 2. 3. proof of birth from the hospital or clinic where the child was born (DHA-24/PB) – the notice of birth form and affidavit for late registration of birth (DHA/288) will be provided at the DHA office (DHA-24); mother’s documents: passport, expired visa, any Zimbabwean documents (whatever is available); father’s documents: South African birth certificate (if available) and identity documents; other helpful documents: maternity certificate/clinic card, baptismal certificates, school records, testimonials; and DNA test requirement: remember that DHA Circular No. 5 of 2014 on DNA testing for birth registration states that if the child’s parents are unmarried, one parent is a non-citizen, and it is a late registration of birth DNA testing is compulsory; citizenship status: the child must be issued a birth certificate with an ID number because he is a South African citizen. He will use that ID number to apply for an identity document when he turns 16 years old; and Children’s Court processes: if there are any issues encountered during the process, remember that the child is also protected by the Children’s Court which can be approached for an order in terms of Sec 45 or Sec 46 of the Children’s Act on the following: • • if the hospital refuses to give them a proof of birth form, the Children’s Court can order the hospital to do so; if the DHA refuses to assist with the birth registration, the Children’s Court