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Birth Registration
South Africa
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South Africa
Birth Registration
Procedure and Certificates
Procedure and Certificates
Place
Where must births be reported?
Anywhere
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The civil registration law should clearly state the place where births must be reported. Reporting in the place of occurrence usually makes the registration process faster and easier for the informant. The determination of the place of usual residence may be in fact complicated for some people who have more than one residence or often move. In addition, reporting at place of occurrence facilitates declaration or notification by a health facility.
Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
The Births and Deaths Registration Act does not specify whether birth registration must occur at the place of occurrence, the place of residence, or at any registration office. Notice of birth must be given to a delegated official, and since these officials may be located at any Department of Home Affairs office, the law does not restrict registration to a particular place. For abroad births, the 2014 Regulations confirm that notice may be given to a diplomatic mission or any district or regional office within the Republic.
What are the reporting periods for birth registration specified in law?
30 days/ after 30 days to 1 year/ after 1 year
Recommended Practice based on International Guidelines
A clear deadline for reporting a birth, especially a short one, reduces the risk of misreporting or underreporting. The deadline is typically between 14 and 30 days.
A late birth registration occurs when a birth is reported after the legally specified time period, but within a grace period, usually one year after the vital event.
Delayed birth registration is the registration that occurs after the grace period has expired. Delayed birth registration may occur many years after the event, and may require additional evidence.
The Births and Deaths Registration Act establishes a 30-day period for timely birth registration. The 2014 Regulations create a three-tier structure: timely registration within 30 days; late registration after 30 days but before the child is one year old, subject to additional requirements; and late registration after one year, subject to more extensive documentation. No upper time limit is set for late registration. Failure to register within the prescribed period constitutes an offence.
The Births and Deaths Registration Regulations draw a distinction between on-time birth registration for citizens and non-citizens. Under Regulation 8(3)(i), non-citizens must provide "proof of payment of the applicable fee" as part of the on-time birth registration process. In contract, Regulation 3 (on-time registration for citizens) and Regulation 7 (registration for permanent residents and refugees) do not mention a fee. The Director-General holds a general power to determine fees for acts performed under the Act, however, the fee is not specified in the regulations.
Are there any fees or fine for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
Fees are not effective in preventing late or delayed registration and may act as a disincentive for registration. If fees are charged for delayed or late registration, policymakers should consider having a fee-waiver process for those for whom fees are a hardship. More effective results to increase registration rates are observed through educational programmes aimed at the public. Some countries have opted to impose a penalty for failure to register or, more precisely, refusal to register, rather than impose a fee for late registration.
The 2014 Regulations require proof of payment of the applicable fee as a supporting document for late registration, confirming that fees are charged to citizens, permanent residents, and refugees for late registration. Specific fee amounts are not stated in the legislation or regulations. Note that for other non-citizens, fees apply for on-time and late registration. No provision provides for a fee waiver in cases of financial hardship.
What is the minimum information required for birth registration?
Minimum information required goes beyond UN guidance and registrar has no discretion to register without all required information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: given name; surname; date of birth; birthplace; sex; and names of both the parents. It is preferable that information on both parents is provided but registration should not be denied if the mother cannot or will not name the father. Registrars should be authorized to complete registration with the available information to strive for universal registration. Failure to provide statistical data elements such as the weight of the child, should also not prevent birth registration.
The Births and Deaths Registration Act requires that a forename and surname be assigned before birth registration. The prescribed notice of birth form attached to the Regulations requires that the form "be completed in full." The information to be provided goes beyond the minimum necessary to register a birth and includes: the child's forename and surname, date /time of birth, place of birth, sex, marital status of parents, and the parents' particulars, including: name, place of birth, residential address, phone number, email address, and citizenship of the mother (and father, where applicable). Information about the applicant must also be included if the applicant is not a parent. The 2014 Regulations also require biometric capture including palm, foot, or fingerprint of the child, and fingerprints of the parents, for births to citizens, permanent residents, and refugees. Biometrics are not capture for other non-citizens. The mandatory naming requirement may create a barrier where cultural practices involve delayed naming, as may the requirement for full completion of the form. If the parents are unmarried, the child may be registered under the surname of the mother, or under the surname of a father who acknowledges the child.
What evidence is required for on-time birth registration?
Proof of birth from medical practitioner (in-facility) or affidavit from witness (out-of-facility), biometrics
Recommended Practice based on International Guidelines
Registrars should require proof as to the veracity of the information to be registered. Proof or evidence required for registration must be sufficiently stringent to provide assurance of the accuracy of the information without being so burdensome so burdensome as to discourage or prevent registration. Documentary evidence is always preferred. For birth registration, the most common form of documentary evidence is the notification of birth (from health sector or local leader), but if this is not available, testimony or affidavits of witnesses may be substituted.
For on-time registration of births, the 2014 Regulations require the prescribed notice form accompanied by the following: 1) for births in health facilities, a proof of birth attested to by a medical practitioner who attended the birth or examined the mother or child, 2) for births outside health facilities, an affidavit attested to by a South African citizen who witnessed the birth, 3) biometrics of the child in for the form of a palm, foot or fingerprint, 4) fingerprints of the parents, verified against the national population register (citizens only), 5) identity documents of the parent(s) (national ID card for citizens, or passport and visa or permit for non-citizens), 6) death certificate of parent (if deceased), 7) marriage certificate of parents (if married), and 8) identity document of informant, if not the parent. The Director-General has the general power to require proof of correctness and must reject non-compliant or inaccurate notices.
Are there additional or alternative documents required for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Laws that require a court order for late or delayed registration present a significant barrier to registration. For late registration (within 1-year grace period), the provision of a notification of birth, or other evidence required for on-time registration, should be sufficient. For delayed registration (after 1 year), the law may require additional evidence such as a witness statement.
The evidentiary requirements increase for late registration. For registrations after 30 days but before one year, additional documentation beyond the standard notice and proof of birth is required under Regulation 4; the additional evidence required is an affidavit stating why the birth was registered after 30 days (see Annex 2A). For registrations after one year, more extensive supporting documentation is required under Regulation 5, and adults may give notice of their own birth. The evidence required after one year includes details regarding the institution of birth (compulsory), information regarding any religious ceremony performed on the person to be registered, information regarding schooling (preschool, primary, seconday and tertiary, as applicable), information on employment (if applicable), and a reference person to the child (compulsory) (See Annex 2B) The escalating evidentiary structure is established in the Regulations, with conditional registration applying after 30 days.
Does the registrar (local or other level) have the authority to correct minor errors (such as data entry errors and typographical errors)? If yes, are such changes free of charge?
Approval by head of agency required, unclear if free of charge
Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors.Providing the registration agency with authority to make these types of corrections relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors.
The Director-General has the power to supplement and rectify particulars - minor or otherwise - that are not correctly reflected in any document, record, or in the population register, in consultation with the person in question. Any person may also apply to the Director-General for amendment or rectification of their particulars using the prescribed form. It is unclear whether the Director-General has delegated this power to local registrars under his/her general delegation authority. Any person issued a birth certificate with incorrect particulars must return it within 7 days for rectification. Whether corrections are free of charge is not specified in the legislation.
Does the registrar (local or other level) have the power to add omitted information (such as name of baby, in the case of late naming, and paternity information)? If yes, are such changes free of charge?
Approval by head of agency required, unclear if free of charge
Recommended Practice based on International Guidelines
The civil registration agency should have authority to add information omitted in the original record, such as the late addition of a baby name within the time frame for late naming, or adding uncontested paternity information. Providing the registration agency with authority to make these types of amendments elieves the applicant of having to spend time and money applying to courts. No fee should be charged for adding omitted information
The law provides specific provisions for adding omitted information to birth registration records. These include amplification of registration where no forename or surname was assigned, alteration of forename, and paternity acknowledgement and amendment of birth registration for children born out of wedlock. The power to amend is vested in the Director-General. It is unclear whether the Director-General has delegated this power to local registrars under his/her general delegation authority. Where the mother does not consent to a paternity acknowledgement, the father must apply to the High Court.
Is the original birth certificate provided free of charge?
Unclear
Recommended Practice based on International Guidelines
Legislation should require the registrar, upon completion of registration, to issue an original birth certificate to the parents of the child free of charge. Ideally, the local registrar has the power to issue a birth certificate, as this will shorten the time frame for certificate issuance.
Upon approval of a notice of birth, the 2014 Regulations require that a birth certificate be issued, or an acknowledgement of receipt if the certificate cannot be issued immediately. Neither the Births and Deaths Registration Act nor the 2014 Regulations expressly state that the original birth certificate is free of charge, nor does the law state that there is a fee. The Director-General holds a general fee-setting power. The de jure position on fees for the original certificate is unclear.
