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Death Registration
South Africa
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South Africa
Death Registration
Procedure and Certificates
Procedure and Certificates
Place
Where must deaths be reported?
Unclear
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The law should clearly state where deaths must be reported for purposes of registration.Reporting in the place of occurrence usually makes the registration process faster and easier for the informant, and also allows reporting of death at health facilities. 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 expressly prescribe whether deaths must be reported at the place of occurrence or place of residence. Notice must be given to a person authorised by the Director-General. The 2014 Regulations provide that notice is given to the Director-General without specifying a particular office or district. In practice, deaths are reported at the nearest DHA (Department of Home Affairs) office. The Act states that if the burial is to take place outside of the place where the death occurred, "the corpse may only be removed by virtue of a burial order to a place outside the said magisterial district." This corpse removal restriction implies a connection to the magisterial district where the death occurred, but no explicit place-of-registration rule exists. For deaths abroad, the Regulations confirm that notice may be given to a diplomatic mission or any district or regional office within the Republic.
What are the reporting time periods for death registration specified in the law?
3 days/ unclear/ unclear
Recommended Practice based on International Guidelines
The time period for reporting a death should be as short as possible, to facilitate accurate and current registration. Time periods vary by country, but are usually 3-5 days. Deaths in health facilities may have a shorter reporting deadlines. It is important to have uniform time periods across the country to register deaths. A late death registration occurs when a death is reported after the legally specified time period but within a grace period, usually one year after death. Delayed registration occurs after the expiry of grace period (after 1 year). Late notification should be permitted with a valid notice of death or alternative documentation that is not too burdensome, such as affidavit of witness or record of burial/cremation. Delayed registration may require additional evidence.
The Births and Deaths Registration Act requires notice to be given 'as soon as practicable' without specifying a fixed number of days. The 2014 Regulations impose a specific 72-hour deadline for both South African citizen and non-citizen deaths. No provision was identified establishing a formal late or delayed death registration procedure, in contrast to the birth registration provisions which establish tiered requirements.
Are there any fees for on-time death registration?
No
Recommended Practice based on International Guidelines
It is not recommended that fee be charged for the timely registration of a death. To encourage registration, the legislation should clearly state that registration of a death within the time period prescribed by the law is free of charge.
No provision in the Births and Deaths Registration Act or the 2014 Regulations imposes a fee for on-time death registration within the 72-hour period. The medical practitioner's cause-of-death certificate must be issued free of charge. The absence of a fee provision for death registration, contrasted with the express fee requirements for late birth registration and for non-citizen birth registration, indicates that on-time death registration is free of charge.
Are there any fees or sanctions for late or delayed death registration?
No
Recommended Practice based on International Guidelines
Fees and sanctions for late or delayed registration discourage and disincentivize registration. If fees are applied to late or delayed registration policymakers should consider a fee-waiver for those for whom fee payment is 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.
Neither the Births and Deaths Registration Act nor the Regulations specifically address late and delayed death registration. Therefore, the Act and Regulations do not address fees for late or delayed registration.
Law Source
Information Required at Registration
What is the minimum information required by law to register death?
Minimum information required goes beyond UN guidance and registrar has no discretion to register death without all required information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: Name of deceased; place and date of birth; place and date of death; sex; unique personal identifier.
The information required for death registration is found on Forms DHA-1663 (for medically attended deaths) and Form DHA-1680 (for medically unattended deaths), which - as stated on the form - must "be completed in full." The required information includes, among others: name, sex, date/place of birth, residence, citizenship, marital status, education level, and occupation of the deceased; date and place of death; and information about the informant (name, citizenship, residence).
What evidence or documents are required for on-time death registration?
Notification of death or other similar document
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 as to discourage or prevent registration. Documentary evidence is always preferred. Ideally all deaths will have an accurate, detailed medical certificate of cause of death (MCCD). However, in many contexts this will not be possilbe. Lack of MCCD should not prevent death registration; evidence of fact of death should be sufficient to register death. Evidence of fact of death could be a notification of death or other similar document, Witness Statement or other similar evidence.
The evidence required for death registration differs for medically attended and non-medically attended deaths. Where a medical practitioner attended or examined the deceased, Form DHA-1663 (Notice of death/medical certificate of cause of death) is required, together with the deceased's original identity document and the informant's certified identity document copy, and biometrics of the deceased and informant. A notice of death for a minor must be accompanied with the original birth certificate. Where no medical practitioner's certificate was issued, Form DHA-1680 (Death Report) is used with the same supporting identity documents. A medical certificate of cause of death is not an absolute precondition for death registration.
Are there additional or alternative documents required for late or delayed death registration?
No
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. Late registration (within 1-year grace period) can be permitted with notice of death or similar document. If such a notice is not available, the law may stipulate what alternative documentary evidence of fact of death may be accepted, such as affidavit from witness or record of burial or cremation. Declaration delayed by more than one year may require recourse to judicial procedures and decisions. However, to increase death registration rates, consideration should be given to creating a non-judicial procedure for delayed death declaration, with the provision of adequate documentation proving the fact of death.
No provision was identified in the Births and Deaths Registration Act or the 2014 Regulations establishing a separate late or delayed death registration procedure with additional evidentiary requirements. This contrasts with the birth registration provisions, which establish tiered requirements for late and delayed registration.
The Births and Deaths Registration Act provides for rectification of birth or death registration records by the Director-General. It is unclear whether the Director-General has delegated this power to local registrars under his/her general delegation authority. An application for amendment or rectification must be made on a prescribed form. No provision was identified specifying whether amendments are free of charge or subject to a fee.
The Births and Deaths Registration Act mandates issuance of a prescribed death certificate after a death has been registered. The death certificate is issued on a prescribed form. No provision was identified imposing a fee for issuance of the first death certificate upon registration. An abridged death certificate is issued on the day of registration.
