Couple ask Home Affairs to register children’s birth

02 April 2016 - 10:08 By TMG Digital

A couple battling to get the Department of Home Affairs to register their two children and provide birth certificates so they can go to school‚ have taken the matter to the high court.The mother came to South Africa from Swaziland when she was 15 but has not been able to get any documents to make her stay legal.The father is South African and they have been in a relationship since 2007. The oldest child has been denied entry into school because of the document snarl-up. They turned to the Legal Resources Centre (LRC) for help.The LRC is seeking an order declaring the director general of Home Affairs to: • Register the children births and provide birth certificates within 60 days. • That the eldest child to be allowed to be enrolled at a public school in the area. • To process a visa for the mother within 60 days‚ so that she can apply for permanent residence. The matter was argued in the Durban high court on Friday.Section 29(1) (a) of the Constitution entitles everyone to the right to a basic education. In addition‚ Section 28 of the Constitution entitles every child to the right to a name and nationality from birth.The LRC argued that the State is obliged to realise the children’s right to basic education and the right to a name and nationality from birth.Two Acts come into play. Section 2 of the South African Citizenship Act states that if one of a child’s parents‚ at the time of his or her birth‚ is a South African citizen‚ the child must be registered and given a birth certificate. Plus‚ the Births and Deaths Registration Act allows the registration of the birth of a child where one of the parents does not have any form of proof of identificationThe LRC said in a statement that the state attorney confirmed to the court that the couple can enrol the eldest child at a school in the area where they live.The matter was adjourned so that the state attorney can file its answering papers regarding the other issues that were not dealt with...

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