South Africa: Children finally recieve birth certificates after LRC intervenes

Published: 14/Fév/2017
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.

Themes: Acquisition par les enfants, Enregistrement des naissances
Regions: Afrique du Sud
Year: 2017