There are serious consequences for children’s rights if their births
are not registered
A decision of the Eastern Cape High Court in Grahamstown ensures
access to birth registration for all children born in South Africa
regardless of the legal status of their parents.
The Eastern Cape High Court in Grahamstown recently gave a decision in
Naki v Director General Home Affairs that ensures the births of all
children born in South Africa can be registered, regardless of the
legal status of their parents.
Menzile Lawrence Naki, a South African, married Dimitrila Marie Ndovya
while he was posted in the Democratic Republic of Congo (DRC) as a
peacekeeper. They were married in the DRC according to his wife’s
traditions and customs. The marriage was never registered and no
marriage certificate was issued, since in the DRC customary marriages
are not registered. As such the marriage is not recognised in terms of
South African law.
The couple had two children in DRC. At the end of his tour, Naki
returned to South Africa and his wife followed him a short while later
on a three month visitor’s visa.
When Ndovya’s visa expired she was heavily pregnant and she was unable
to travel back to the DRC. She was also not able to apply for a new visa.
She subsequently gave birth in Grahamstown. The couple then applied to
have the birth of their daughter registered but the application was
refused on numerous occasions. This led to Naki and Ndovya to make an
application to the court to provide assistance in having the birth of
their child registered.
The court proceedings
In the court proceedings, the Centre for Child Law was granted leave
to join the proceedings as the third respondent.
The main issues that the court had to deal with were whether or not
the Births and Deaths Registration Act (BDRA) and its regulations
allow the father of a child to register a child’s birth when the
mother of the child is an immigrant whose presence in South Africa is
not in accordance with law, or where the mother is absent.
The court made reference to the Constitutional Court’s direction that
when dealing with matters of statutory interpretation, judicial
officers should favour an interpretation that would render the
provision constitutionally compliant. To this end, the High Court
found that section 9 and 10 of the BDRA were constitutionally valid as
they did not stipulate which parent had the duty to register the
birth. The act did not prevent unmarried fathers from registering the
births of their children
In

relation to the regulations, the High Court found that requiring an
immigrant parent to produce a valid visa or permit for the
registration of the birth of a child, did in the present circumstances
prevent a father from registering the birth of his child.
Furthermore, regulation 12(1) which only made provision for unmarried
mothers to register the births of children, and not unmarried fathers,
also prevented unmarried fathers from being able to register the birth
of their children.
The court found that it could correct the defects in the regulation by
“reading in” words to make the provisions constitutionally compliant.
The High Court relied on the decision of the Constitutional Court in
National Coalition which set out the requirements necessary for a
court to “read in” words into a provision so as not to encroach on the
duties of the legislature.
The court read the words “and available” into certain sub-regulations,
making the requirement to submit a permit or visa dependent on its
applicability and availability.
The Court also read in the words “or father”, enabling the birth of a
child born out of wedlock to be registered by either the father or the
mother.
The Court however found other sub-regulations unconstitutional. These
are regulations which require that where one parent is not a South
African citizen, a certified copy of that parent’s valid passport and
visa or permit must accompany the notice of birth, late registration
of birth, or registration of a child older than one year. Also that
where a child is born out of wedlock, the notice of registration must
be made by the mother of the child. As the decision relates to a
declaration of invalidity, it still has to be confirmed by the
Constitutional Court.
Why is the case important?
The failure to register the birth of a child has important
consequences for the child. Without a birth certificate, a child will
not have citizenship, will not be able to register and attend school,
apply for government grants, apply for an identity document, or secure
employment. All of this constitutes a violation of the rights of the
child as enshrined in the Constitution.
The decision in this case has made it easier to register the births of
children born of a South African parent and an immigrant parent, and
of children who have absent mothers. V.2411

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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