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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Civil Registration System
South Africa
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South Africa
Civil Registration System
Appeals
Appeals
Appeals Process
Does the law provide for a right and a process to appeal a decision of a civil registrar?
Yes a right to appeal is provided for but no process is specified
Recommended Practice based on International Guidelines
Decisions made by civil registrars can have legal consequences and it is important that the system includes a process of appeal or review of those decisions. Individuals should have the right to appeal civil registration decisions to the courts. Prior to filing an appeal in the courts, some countries require that the appeal against a local civil registrar's decision be filed before a higher administrative level, up to the national level. The exhaustion of remedies serves a dual purpose of allowing a civil registration agency the opportunity to correct its mistake without burdening the courts, and creates an administrative record for court to review in a judicial appeal.
No specific statutory appeals process for decisions of a civil registrar is established in the Births and Deaths Registration Act or the 2014 Regulations. However, the Constitution guarantees the right to administrative action that is lawful, reasonable, and procedurally fair, and the right to have disputes decided in a fair public hearing before a court. The Promotion of Administrative Justice Act 3 of 2000 provides for implementation of these rights, and requires exhaution of remedies at the administrative level, if such a process exists.
