Implement amendments to Birth and Deaths Registration Act - media briefing by Home Affairs Deputy Director-General Vusi Mkhize

Ladies and gentlemen of the media, in our weekly briefing today we will be looking at issues related to the implementation of amendments to the Births and Deaths Registration Act of 1992 as well as the status of identity document (ID) collections.

Let me begin by reiterating that the department, led by President Jacob Zuma and Minister of Home Affairs Dr Nkosazana Dlamini Zuma, launched the National Population Registration (NPR) Campaign in the Eastern Cape in March 2010. 

This campaign is intended to:

1. Encourage all South Africans to register their babies within 30 days of birth
2. Encourage all 16 years old to apply for IDs and
3. To bring the late registration of birth process, as it is currently implemented, to an end.

Through the successful implementation of these objectives the department will contribute to a safer and more secure South Africa with a national population register that is credible and accurate. It is envisaged that if all South Africans support the objectives of this campaign, the only entry point to the National Population Register will be at birth. 

In addition, an accurate National Population Register will assist government to plan accurately and timeously to meet the needs of the country’s citizens with whom it has entered into a social contract.

Indeed, with a view to ensuring that the country’s legislation supports the department’s objectives, amendments to the Births and Deaths Registration Act (1992) were proposed and taken through the parliamentary processes by Minister Dlamini Zuma in 2010. In this regard, after unanimous parliamentary support, these amendments assented into law following the signature of President Jacob Zuma in December 2010.

The department has since been finalising the regulations that will govern the implementation of this Amendment Act. We are pleased to announce we are now ready to implement the amendments to the Births and Deaths Registration Act of 1992.

Before I continue, perhaps it would be helpful to indicate some of the key amendments to the Act of 1992 which seek to streamline the following areas:

1. Registration of children by persons other than the biological parent/s
2. The registration of orphans and abandoned children
3. To simplify the process to change surnames of children and adults
4. Paternity related issues
5. Registration of births beyond 30 days
6. Registration of adopted children in line with the Children’s Act and 
7. Registration requirements for the designation of funeral undertakers. 

Furthermore, security features in relation to birth certificates have been enhanced with, amongst others, the inclusion of the particulars of parents on birth certificates.

In addition, penalties in respect of fraudulent registration of births and deaths have increased from a five (5) year prison sentence to a fifteen (15) year prison sentence to those who are found contravening the law. It is intended that this serve as a strong deterrent to those wanting to committ fraud and corruption in respect of the registration of births and deaths.

Most importantly, the new Act largely makes provision for the parent to register the child within 30 days while registration after 30 days is considered late registration of birth. Processes related to this are detailed in annexure A.

Collection of IDs

With a view to ensuring the successful implementation of the National Population Registration (NPR) Campaign, the department has committed to ensuring each South African citizen is in possession of an ID. To this end we have also implemented a turnaround strategy that has impacted positively on the turnaround time of the issuance of documents as well as the quality of the product.

However, it continues to be of great concern to the department that a large number of IDs are still awaiting collection at our offices around the country. 

At the end of July 2011, six hundred and ten thousand, six hundred and fifty five (610 655) IDs were still to be collected.  In addition to this, two hundred and sixty nine thousand, nine hundred and forty (269 940) IDs are awaiting destruction at Head Office following non-collection by applicants after a period of twelve (12) months.

We take this opportunity to urge South Africans who have applied for IDs to ensure these are collected from the offices of application since an ID is required to access services provided by government in addition to other opportunities leading to a better life for all.

At the same time, with only a few weeks to go before matriculants begin their final examinations, we urge those who have not yet applied for IDs to do so since it will ensure that not only are they able to write the examinations, but their onward journey following their school careers are eased by their possession of an ID because an ID is truly a passport to a better life.

In this regard, we join Minister Dlamini Zuma in wishing those matriculants who are preparing for their final examinations best wishes as they take this final step of their school careers.

Annexure A:

Processes of registering births

The process of registering births entails the following:

1. In terms of the registration process a birth must be registered by the parent of the child.
2. If the parents are deceased the next of kin, legal guardian or a social worker may register the child
3. All new births must be registered within 30 days.
4. Births not registered after 31 days and below 15 years, must follow the late registration of birth process.
5. Cases of people older than 15 years without birth certificates or ID books, must follow the late registration of birth adjudication process (Screening Committees)
6. Verification of informants biometrics utilising online verification is compulsory and must be attached to DHA-24.
7. Simultaneous registration of mother and child if mother is not registered.

The following are required to register births within 30 days:

1. Birth Registration form (DHA 24)
2. Confirmation of Birth Form (Clinic cards, maternity certificates)
3. Online verification test report to be attached on DHA-24
4. Copy of parents' ID documents
5. Certified copy of parents' marriage certificate (if married)
6. Father may register child, provided he submits marriage certificate and copy of wife's ID
7. If parents are not married, both parents must be present to register birth if the child is assuming the father’s surname
8. If either parents are deceased or child is abandoned a social worker may register the child with a social workers report.

Registration after 30 days consist of two components, namely:

1. Registration of birth from 31 days to 14 years
2. Registration of birth from 15 years and above

The following requirements are required to register births from 31 days to 14 years:

1. Birth Registration form (DHA-24)
2. Affidavit DHA-288 completed by the informant
3. Confirmation of Birth Form (Clinic cards, maternity certificates or school letter)
4. Online verification test report to be attached on DHA-24
5. Copy of parents' ID documents and copy of informants ID document
6. Certified copy of parents' marriage certificate (if married)
7. Father may register child, provided he submits marriage certificate and copy of wife's ID
8. If parents are not married, both parents must be present to register birth if the child is assuming the fathers surname
9. If either parents are deceased, or child is abandoned a social worker may register the child with a social workers report.

Registration of birth from 15 years and above:

1. The introduction of the new late registration of birth (LRB) resulted from the old process of registering birth for clients older than fifteen years (15 years) and above. The process previously allowed citizens older than fifteen years to register birth and apply for identity document at the same time. This process had a number of loopholes which was open to abuse by illegal foreigners and the public at large.
2. A decision was taken to de-link the two processes (that of late registration of birth and application of an Identity document). The objective being to encourage the citizens to register birth first, gets allocated with an identity number, obtain a birth certificate and thereafter apply for an identity document.
3. The traditional late registration of birth process (LRB 15 years and above) was implemented on 12 December 2007.

The process to register LRB’s include the following:

1. An informant (a South African citizen who attest that the person applying for LRB is a South African National) in possession of a green bar-coded South African identity document must accompany the person applying for late registration of birt.
2. Certified copies Iidentity documents of the parents.
3. Two ID size photographs of the person applying for late registration of birth and
4. Documentary proof of previous application.

The following requirements are required to register births from 15 years and above:

1. Birth Registration form (DHA 24/15)
2. Affidavit DHA 288 (LRB) completed by the informant
3. Fingerprints to be taken for the applicant and informant (if no online verification, DHA 24/A must be filled)
4. Confirmation of Birth Form (Clinic cards, maternity certificates or school letter)
5. Online verification test report (informant)  to be attached to the  application

Source: Department of Home Affairs