Source: Legal Resources Centre
Yesterday, 13 February 2017, two children born in South Africa to a Swazi mother and South African father have finally had their births registered and unabridged birth certificates issued after the LRC intervened on their behalf.
The couple approached the LRC after they were unable to register and obtain birth certificates from the Department of Home Affairs because the mother entered South Africa when she was 15 years old and she has been unable to obtain any documentation legalising her stay.
The couple have been in a relationship since 2007 and made an application for the registration of their oldest child nine years ago. Because the couple have been unable to obtain the birth certificates for the children, the oldest child had been denied entry into school.
The LRC launched an urgent application in the Durban High Court on 1 April 2016 seeking an order for the Department of Home Affairs to issue the birth certificates.
The Department of Home Affairs and The Director General of Home Affairs opposed the application, on the basis that they would only be in a position to issue the children with birth certificates, once the mother ‘sorted out’ her documentation.
Read further on LRC website.