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Home Affairs ordered to issue birth certificate

Publish date: 10 June 2019
Issue Number: 827
Diary: IBA Legalbrief Africa
Category: Litigation

The Public Protector’s office has given interim Home Affairs DG Thulani Mavuso 14 days to reinstate the identity number of a child (4) born in Polokwane, Limpopo, and issue him with a birth certificate. Weekend Argus reports the latest directive from Busisiwe Mkhwebane’s office follows findings that the department had improperly revoked the child’s birth certificate and, consequently, his citizenship. Mkhwebane found the department had failed to adhere to due process in terms of the Promotion of Access to Justice Act when it revoked the certificate. She also found that the father and his child were improperly prejudiced by its conduct. The father – a South African citizen – had the child with a Zimbabwean national, who held a permanent residence permit when the child was born in December 2014. Mkhwebane found that – in terms of the Citizenship Act – the child had citizenship by virtue of his father being South African. Furthermore, she said in terms of the Births Act, there was no requirement that the father first undergo a paternity test to prove the child was his.

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