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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.
Death Registration
South Africa
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South Africa
Death Registration
Universal Coverage and Definition
Universal Coverage and Definition
Universal Coverage and Definition
Is death registration available and compulsory for all events occurring in the country's jurisdiction?
No
Recommended Practice based on International Guidelines
To increase death registration rates, the law should provide that registration is available and compulsory to all deaths occurring in every geographical area and for every population group in the country, without discrimination. Examples of possible discriminations are: sex; race ethnicity, religion or population group; marital status; nationality, citizenship, residency or regugee/asylum status; or any other characteristic such as prisoners or persons with disabilities
Section 2 of the Births and Deaths Registration Act states that it applies "to all South African citizens, whether in the Republic or outside the Republic, including persons who are not South African citizens but who sojourn permanently or temporarily in the Republic, for whatever purpose." This provision suggests that death registration is compulsory. However, the Births and Deaths Registration Regulations provide specific processes for death registration for citizens (Regulations 21) and non-citizens (Regulation 22). The Regulations define "non-citizen" as a person who holds a valid temporary residence visa under the Immigration Act and includes an asylum seeker or refugee with a permit under the Refugee Act. This definition excluses all irregular migrants who do not a valid visa or permit to reside in South Africa, of which there are many. As a result irregular migrants are excluded from death registration.
GNR R.128 of 2014
Regulation 1 (definition of 'non-South African citizen'), Regulation 21, Regulation 22
Is registration of death available to citizens living abroad?
Yes
Recommended Practice based on International Guidelines
The death of a national who is abroad should be reported and registered in the country where the death occurred either by the next of kin or other person with knowledge of death. The death should also be reported to the embassy or consulate of the home country of the deceased.
The Births and Deaths Registration Act provides that if any person lawfully and permanently resident in the Republic dies outside the Republic, the death shall be registered on the strength of a death certificate issued by the foreign authority. The 2014 Regulations provide that notice may be given to the head of any South African diplomatic or consular mission or to any district or regional office of the Department. The broader application provision of the Act (Section 2) extends the Act to all South African citizens whether in or outside the Republic. Although the specific death abroad registration provision is framed in terms of permanent residents rather than citizens this provisions encompasses all South African citizens who maintain a domocile or residence in South Africa (and are therefore in the population register). However, South African citizens with no domicile or residence in South Africa are not under an obligation to register a death abroad.
Does the law provide a clear definition of death? If yes, does the definition accord with international guidelines?
No death is not defined by law
Recommended Practice based on International Guidelines
The provision of clear definitions in the law is an important tool to ensure the continuous and permanent recording of vital events in all areas. The UN's definition of death is: "The permanent disappearance of all evidence of life at any time after live birth has taken place (post-natal cessation of vital functions without capability of resuscitation)."
The Births and Deaths Registration Act does not define 'death' in its interpretation section. Section 1 defines related terms including 'birth', 'still-born', 'burial', and 'corpse', but does not include a definition of death. No other instrument reviewed, including the National Health Act, the Health Professions Act, the Inquests Act, or the 2018 Forensic Pathology Regulations, defines death. The absence of a statutory definition is a gap against the international standard.
