Summary:<\/p>\n
LHR and CCL is pleased to see that the Bill proposes provisions which allow for identity numbers which contain a non-binary gender marker; as well as the establishment of a database recording the details of non-nationals. We congratulate the Department of Home Affairs on these initiatives.<\/p>\n
We wish to raise three main shortcomings in the Bill which we believe can be easily addressed. They are:<\/p>\n
a. The requirement that a parent or guardian must make application for a minor\u2019s first ID card, without provisions for children\u2019s whose parent or guardian is not available.<\/p>\n
b. The failure to make provision for the recording of non-national births in South Africa, and the re-issue of documents regarding their births.<\/p>\n
c. The lack of provisions which set out constitutionally compliant procedures by which to verify, investigate and cancel certificates and ID cards in line with the right to just administrative action and the Promotion of Administrative Justice Act (2009).<\/p>\n
Additional comments are made on general language, the objectives of the Bill in the context of South Africa\u2019s history, and the obligations to prevent statelessness and protect the best interests of the child. 8. A table is included on the last page which contains a summarized version of the suggested amendments.<\/p>\n