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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.
Vital Statistics
South Africa
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South Africa
Vital Statistics
Structure of Vital Statistics Agency
Structure of Vital Statistics Agency
Agency
Does the legal framework designate the entity or entities responsible for compiling vital statistics in the country?
Yes. Statistics South Africa (Stats SA).
Recommended Practice based on International Guidelines
The legal framework for the vital statistics system should assign the functions of establishing, operating and maintaining a national vital statistics system to a governmental agency. Most countries assign responsibility for the vital statistics system to the national statistics office. Another option is to place the vital statistics administration within the civil registration agency. A third option is to designate specific government agencies to carry out different vital statistics functions related to their respective areas of work. Whatever option is chosen, close coordination between the vital statistics system, civil registration system, and health sector is essential.
The Statistics Act designates Statistics South Africa (Stats SA) as the entity responsible for compiling vital statistics. Section 4(1) establishes Stats SA as a national department. Although the Statistics Act does not specifically mention vital statistics, Section 14(7) empowers the Statistician-General to designate as 'official statistics' any statistics produced by Stats SA or by any organ of state, which is the statutory basis for designating vital statistics (births, deaths, causes of death, stillbirths) as official statistics.
Link Between Civil Registration and Vital Statistics
Are vital statistics derived from the civil registration system?
Yes
Recommended Practice based on International Guidelines
A well-functioning civil registration system is the ideal source from which to derive accurate, complete, timely, and continuous information on vital events. Vital statistics should therefore be derived from civil registration data.
Vital statistics are in practice derived from the civil registration system. Section 4(3) of the Statistics Act imposes a duty on all organs of state — including the Department of Home Affairs (the civil registration agency) — to assist Stats SA in accordance with the principles of co-operative government. This provision provides the legal basis for the data-sharing arrangement under which the Department of Home Affairs transmits civil registration data to Stats SA for vital statistics processing.
Neither the Births and Deaths Registration Act nor the Statistics Act contain an explicit provision requiring that vital statistics be derived from civil registration data. However, in practice, Stats SA derives its vital statistics on births, deaths, and stillbirths from civil registration data (DHA-1663 forms for deaths and stillbirths; birth registration data for births). No other primary data source is specified in law for vital statistics on these events.
Are there clear procedures and timeframes in the legal framework to facilitate sharing data from the civil registration agency to the national statistics agency(ies)?
Unclear
Recommended Practice based on International Guidelines
The law should require and enable the regular and timely sharing of statistical data from civil registration authority to the vital statistics agency.
The legal framework does not contain clear procedures and timeframes for data sharing from the Department of Home Affairs to Statistics South Africa. Section 4(3) of the Statistics Act imposes a general duty of assistance on all organs of state, which provides the legal basis for the data-sharing relationship. However, no specific timeframe or procedure for data submission is prescribed in any of the laws reviewed. No formal data-sharing agreement or memorandum of understanding between the two agencies was available for review.
Does the law require that civil registration data be anonymized before it is shared with the national statistics agency(ies)?
No
Recommended Practice based on International Guidelines
The law should balance the privacy of individuals, with facilitation of data linkages between the civil registration and vital statistics agency when statistical data is shared between them. Generally vital event information should be submitted with identity information - such as name and unique personal identifier- removed.
No specific provision in the Births and Deaths Registration Act, the 2014 Regulations, or the Statistics Act requiring anonymisation of civil registration data before sharing with Statistics South Africa. Further, the medical certificate of cause of death, which is sealed and only opened when it reaches Stats SA, is not anonymized. This form contains datafields for the name and identity number of the deceased that are viewable by Stats SA statisticians.
