South Africa: Submissions on the National Identification Registration Bill

Published: 30/Juin/2023
Source: Lawyers for Human Rights and Centre for Child Law

Summary:

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.

We wish to raise three main shortcomings in the Bill which we believe can be easily addressed. They are:

a. The requirement that a parent or guardian must make application for a minor’s first ID card, without provisions for children’s whose parent or guardian is not available.

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.

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).

Additional comments are made on general language, the objectives of the Bill in the context of South Africa’s 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.

Download: LHR CCL Submission on the National Identification and Registration Bill 30 June 2023

Themes: Cartes d’identité et passeports, Enregistrement des naissances
Regions: Afrique du Sud
Year: 2023