Only South Africans receive birth certificates, says home affairs

Deputy minister urges parents to register their children within 10 days after they are born to reduce the need for late registrations.

Deputy Minister of Home Affairs Njabulo Nzuza on Friday handed over 100 birth certificates and identity documents to successful late birth registration applicants in Mabopane, north of Tshwane.

Speaking to The Citizen, Nzuza clarified the department’s stance on documentation for foreign nationals.

“Birth certificates are only issued to South Africans. For foreign nationals, we issue them with a notice of birth,” he said.

Documenting South Africans, not foreigners

Nzuza said that no birth certificates were given to foreign-born individuals, amid rising concern about documentation fraud and misperceptions about illegal immigration.

“We have to safeguard the integrity of the population register against fraudulent registration,” Nzuza said.

“There are attempts where people try to register foreign nationals as South Africans. That’s why we conduct a lengthy process, including interviews and verification.”

He said the department’s responsibility is to ensure that only eligible citizens are officially recorded.

“In South Africa, to be a citizen by birth, you must be born to South African parents, or at least one parent must be South African. If we can’t trace a parent, we cannot assume citizenship,” he said.

Challenges with undocumented children

Nzuza said social development often intervenes in cases where children are abandoned or orphaned, complicating the registration process.

“These children are sometimes left with people who are not their biological parents. If we can’t verify that they are South African, it becomes an issue. But every South African child deserves to be documented, regardless of the circumstances of their birth,” he said.

The deputy minister urged parents to register their children within 10 days after they are born to reduce the need for late registrations.

“We are developing systems where a parent can register a child using fingerprints and instant online verification,” said Nzuza.

“In hospitals with more than 5 000 births annually, we’ve stationed home affairs units so that no child leaves without being registered.”

Restoring dignity

According to the department, the event formed part of an ongoing drive by the department to register South Africans who were never added to the national population register.

Many recipients had lived without documentation their entire lives. One beneficiary was born in 1973 and received an identity document for the first time.

“We are officially entering them into the population register. They can now access services such as social grants, healthcare and employment,” said Nzuza.

The event was also supported by the Gauteng department of social development, with MEC Faith Mazibuko present to oversee the provision of related services.

The South African social security agency and department of employment and labour were also part of the outreach.

Victory for asylum seekers: High Court declares parts of Refugees Act unconstitutional

The organisation argued that deporting individuals without properly considering their asylum applications violated constitutional principles.

The Western Cape High Court has ruled that several provisions of the Refugees Act are unconstitutional and invalid, marking a significant victory for asylum seekers in South Africa.

This decision concludes a legal battle that lasted more than two years and offers relief to foreign nationals seeking refuge in the country.

Western Cape High Court ruling favours asylum seekers

In 2023, the non-profit organisation, Scalabrini Centre, successfully received an interdict stopping the Department of Home Affairs from deporting foreign nationals who had indicated their intention to apply for asylum under the Refugees Act 130 of 1998.

The organisation argued that deporting individuals without properly considering their asylum applications violated constitutional principles.

The High Court’s recent 42-page judgment specifically addressed multiple contested sections of the Refugees Act.

These provisions had prevented asylum seekers from qualifying for refugee status if they had entered South Africa unlawfully, had fraudulent South African identification documents, or failed to report to a refugee reception office within five days of entering the country without compelling reasons.

The court found that “simply refusing to entertain an application due to the fact that persons had entered the country unlawfully was contrary to the principle of non-refoulement”.

This principle prohibits countries from deporting people who might face persecution or irreparable harm in their countries of origin.

Constitutional court confirmation pending

The declaration of constitutional invalidity has been referred to the Constitutional Court for possible confirmation, as the statute’s invalidity cannot take effect without approval from South Africa’s apex court.

The High Court declared several specific sections of the Refugees Act unconstitutional, including sections 4(1)(f), 4(1)(h), 4(1)(i), and 21(1B).

Additionally, regulations 8(1)(c)(i), 8(2), 8(3), and 8(4) of the Refugee Regulations were also deemed inconsistent with South Africa’s constitution.

Impact on detention practices

Several international organisations with expertise in refugee and migrant rights participated in the case.

They expressed two primary interests: the application of the principle of non-refoulement and the impact the disputed provisions would have on migrant detention.

The court noted that these organisations had demonstrated that implementation of the questioned provisions had “radically increased the detention of migrants in South Africa.”

The organisations argued that detention patterns would likely be reduced if the provisions were declared unconstitutional.

Background on refugee protections

In reaching its decision, the High Court referred to established principles from previous constitutional court cases, including Ashebo, Ruta, and Abore.

These cases established that “until an applicant’s refugee status has been finally determined, the principle of non-refoulement protects the applicant from deportation.”

The Constitutional Court had previously found that “once an illegal foreigner has expressed their intention to apply for asylum, they must be afforded an opportunity to do so”.

Furthermore, “a delay in expressing that intention is no bar to applying for refugee status.”

Legal framework

Section 2 of the Refugees Act orders the principle of non-refoulement, stating that “no person may be refused entry into the Republic, expelled, extradited or returned to any other country” if such actions would compel them to return to or remain in a country where they might face persecution or threats to their life, physical safety, or freedom.

The court ordered the respondents to pay 80% of the applicants’ costs, including those incurred during the initial part of the application.

Is there a way to appeal an overstay penalty, and how do I do it?

ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?
Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS
The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost .
Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .
Under the new rules they don’t have to cancel their asylum or refugee status and can change to any visa class if they qualify from within
South Africa
please contact us on :
Sa Migration International

Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

www.samigration.com

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm


Get More Info By Following Our Page: https://www.youtube.com/@samigration

Good news for people who could not get smart ID cards

Over 1.4 million naturalised citizens and permanent residents in South Africa will be able to apply for smart ID cards from Monday, 12 May 2025.

That is according to recent feedback from Home Affairs minister Leon Schreiber to Sunday newspaper Rapport.

Schreiber told the publication that the department had fixed an IT system issue that prevented most of these individuals from getting the card since it launched in 2012.

To date, only a handful of naturalised citizens who sought special permission from the Home Affairs director-general have been able to obtain the card.

The vast majority of the country’s 800,000 naturalised citizens and 700,000 permanent residents have not been allowed to apply for the more modern identity document.

Schreiber described the fix as the department’s biggest milestone since it started revamping its IT systems a few months ago.

In addition to no longer treating these individuals as second-class citizens, the minister said the system fix would enhance national security.

The minister also said that the achievement would bring the department closer to scrapping the green ID book, which was initially planned to happen several years ago.

The document has become a major target for modification and forgery due to its outdated security.

The DHA has eagerly encouraged people to get a smart ID card to better protect themselves against fraudsters and has given vague warnings about invalidating the ID book.

All the while, permanent residents and naturalised citizens have had no choice but to stick to their ID books.

In recent years, many have complained to MyBroadband about their inability to obtain a smart ID card despite being permanent residents or naturalised citizens for decades.

These included a high-profile and successful businessman who has been working in the South African music industry for more than 50 years.

If these individuals’ ID books were stolen or lost, they were forced to reapply for a green ID book at a dwindling number of Home Affairs branches that still offered the old document.

Plan to offer smart ID cards via banking apps

From Monday, naturalised citizens and permanent residents will also be able to use the eHomeAffairs facility to get their smart ID cards.

This system allows people to apply and pay for their cards online. Thereafter, they must provide biometric verification and collect their card at special Home Affairs kiosks in one of 30 bank branches.

The department aims to expand this service to 100 new branches by March 2026 and 1,000 by March 2028.

However, it also wants to eliminate the requirement for in-person biometric verification and allow applicants to verify their identities via their banking apps in the future.

According to Schreiber, integrating Home Affairs services into the branches was a “logical precursor” to delivering the same services online and via mobile apps.

This forms part of the department’s broader digitalisation strategy, which seeks to make it possible for people to access more of its services from the comfort of their homes.

To support these improvements, the DHA recently announced the rollout of a comprehensive upgrade of its digital verification system used by public and private entities.

This system, which verifies people’s identities through fingerprints and facial recognition against the National Population Register, has been plagued by inefficiencies.

The department said that before the upgrade, users reported failure rates on the system of up to 50% and that it routinely took up to 24 hours for the system to respond.

“When responses did arrive, they were often so littered with errors that they required a cumbersome process of manual verification,” the department said.

“Thanks to the diligent and focused work on this problem by the Department over the past few months, these errors are now set to become a thing of the past.”

“Testing has confirmed that the upgraded system is not only capable of dramatically faster performance, but that it now delivers an error rate of well below 1%.”

Citizenship Options



South African Citizen by Descent
South African Citizen by Naturalisation:
Automatic loss of Citizenship
Resumption of South African citizenship
Deprivation of Citizenship
South African Citizen by Naturalisation:
Automatic loss of Citizenship
Resumption of South African citizenship
Acquisition of the citizenship or nationality of another country

How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm


Get More Info By Following Our Page: https://www.youtube.com/@samigration