Landmark birth certificate ruling

THE High Court has nullified the re-registration of a birth certificate for a child born out of wedlock, ordering the Registrar-General to strike it from the records.

This ruling declared the birth certificate invalid, questioning the legality of attributing paternity to a deceased man decades after his death.

The dispute arose from a contested inheritance involving the late Lazarus Mkudu’s estate.

Teresiah Mkudu, the applicant, sought a declaratory order to invalidate Ruvimbo Manyonda’s birth certificate, issued nearly 20 years after Mkudu’s death.

Teresiah argued that the re-registration of Ruvimbo’s birth violated the Births and Deaths Registration Act [Chapter 5:02], which permits such re-registration only if the child’s parents subsequently marry.

She contended that this condition did not apply, as no marriage had occurred between Ruvimbo’s mother and the late Lazarus Mkudu.

Ruvimbo, the first respondent, opposed the application and asserted the validity of her birth certificate, relying on section 12(2)(c) of the Act. She argued that the law allows the registration of a father’s name if requested jointly by the child’s mother and a near relative of the deceased father.

However, Teresiah countered that this provision applies solely to the initial registration of a birth and cannot be invoked posthumously, where the alleged father did not acknowledge paternity during his lifetime.

Justice Maxwell ruled in favour of Teresiah, finding that the Registrar-General’s Office acted beyond its legal authority.

The court held that the re-registration of Ruvimbo’s birth was invalid and declared the birth certificate null and void.

Justice Maxwell stated, “The third respondent (Registrar-General) purported to do that which the law does not entitle it to do. The re-registration was illegal, and the birth certificate issued in favour of the first respondent is null and void.”

The court emphasised the significant impact of this illegality on Teresiah’s inheritance rights.

“The illegality can result in irreparable harm where the first respondent is attempting to claim benefits from the applicant’s deceased father’s estate on the basis of the illegally procured birth certificate,” noted Justice Maxwell.

The ruling underscored the principles of administrative justice.

Citing section 3(1) of the Administrative Justice Act [Chapter 10:28], the court highlighted the duty of administrative authorities to act lawfully, reasonably and fairly.

Justice Maxwell remarked, “The Constitution guarantees a comprehensive and justiciable right to lawful, efficient, reasonable, proportionate, impartial and fair administrative conduct to prevent abuse of power.”

Delving into section 12 of the Births and Deaths Registration Act, the court clarified that the provision for registering a father’s name applies only to the initial registration of a birth.

Justice Maxwell rejected the Registrar General’s reliance on the concept of “legitimation” to justify re-registration, declaring it foreign to Zimbabwean law.

She stated, “The Registrar has improperly imported the concept of legitimation. Section 12 applies only to initial registration, while re-registration is permissible only under section 19 for recognising children as born in wedlock when their parents subsequently marry.”

The court further examined section 19, which governs the re-registration of births.

Justice Maxwell concluded that this provision is explicitly limited to cases where a child’s status changes from being born out of wedlock to being born in wedlock.

She ruled, “Section 19 does not allow the re-registration of a birth for a child born out of wedlock whose parents never married and whose father is deceased. The law does not permit relatives of a deceased father to posthumously acknowledge paternity or invoke legitimation to re-register a birth.”

Affirming that administrative authorities must operate within the bounds of the law, Justice Maxwell reiterated that the Registrar General’s actions in this case were not only unlawful but also posed a direct threat to the rights of legitimate heirs.

The court’s decision invalidated the contested birth certificate, protecting Teresiah’s legal interests in the estate of Lazarus Mkudu.

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Japan’s population declining faster than anticipated, threatening national pension scheme

The natural annual decrease hit 890,000 last year, up 53,000 from 2023.

TOKYO – Japan’s natural population change has marked its largest ever drop, according to estimates released by the government on Monday. The figure is calculated by subtracting the number of deaths from the number of births.

The percentage of those age 65 or older also reached a record high.

The government intends to continue birth rate measures of a “different dimension,” as set forth by former Prime Minister Fumio Kishida, and to improve these measures, but it has not been able to effectively deal with population decline, which is advancing at a pace faster than it had anticipated.

“For many people who want to have children, their dream hasn’t come true,” Chief Cabinet Secretary Yoshimasa Hayashi said at a press conference Monday. “We will promote comprehensive measures to realize a society where everyone who wishes to have children can have children.”

The natural annual decrease hit 890,000 last year, up 53,000 from 2023. That total is nearly the population of Akita Prefecture (897,000). A median projection by the National Institute of Population and Social Security Research, published in 2023, had foreseen a natural decrease of 728,000 in 2024. The institute had estimated that the natural decrease would reach 890,000 in 2035, meaning the rate of decline is about 10 years ahead of schedule.

The government is moving forward with its “acceleration plan,” a three-year plan to intensively address the declining birth rate starting from fiscal 2024, but there have been no prospects of concrete results. The government is expanding child allowances and making it easier to obtain childcare, but the number of births continues to fall. Some within the government have said that government measures will not be enough to change the decisions of those who may give up on marriage and childbirth due to economic conditions and other factors.

There are also concerns about the impact on social security. According to a study of the pension system published by the Health, Labor and Welfare Ministry in 2024, if the economy continues to look as it has in the past 30 years, recipients of the national pension will receive 30% lower payments than at present. The study was based on the median estimate of births, so payments may be even smaller if births fall faster than expected.

“The effects of child-rearing support have not yet been felt,” said Hisakazu Kato, a professor specializing in population economics at Meiji University. “It is important not only to support households raising children, but also to give young people opportunities to get married and have children, such as by revitalizing local economies.”

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BMA Easter operations: Zimbabwean nationals identified as leading individuals attempting to enter SA illegally

This was revealed in the 2025 Easter border operations report, which saw border management authority officials, saps officers and home affairs workers intensify efforts to prevent illegal travel into the country over the holiday period.

To ensure safety Airports Company South Africa, the Border Management Authority, and the police have deployed extra boots on the ground. Picture: Alpha Ramushwana/Eyewitness News.

JOHANNESBURG - Zimbabwean nationals have been identified as the leading individuals attempting to illegally gain entry into South Africa.

This was revealed in the 2025 Easter border operations report, which saw Border Management Authority (BMA) officials, SAPS, and Home Affairs intensify efforts to prevent illegal travel into the country over the holiday period.

BMA Commissioner Michael Masiapato briefed the media on the outcomes of the operation, which spanned from 15 April to 24 April.

In a comprehensive account of the 2025 Easter border operations report, Masiapato revealed an 8% increase in travel over the period, with about one million movements recorded across all 71 ports of entry.

Masiapato also disclosed that authorities intercepted more than 6,000 individuals attempting to illegally enter or exit South Africa, a 61% increase compared to previous figures.

Highlighting a consistent pattern of the top three nationalities undermining immigration laws, Masiapato pointed to Zimbabweans as the highest offenders.

"Zimbabweans at 2,019, followed by Basotho at 1,921 and Mozambicans at 1,143, and the remainder of 1,170 is shared amongst the Swatis and other nationalities."

Masiapato said intercontinental conversations are ongoing to ensure South Africa's borders are better protected.

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South Africa’s R1 trillion invisible underground economy

Kasinomics founder and informal economy expert GG Alcock says South Africa’s township economy, valued at around R1 trillion, is showing strong growth.

In 1999, Alcock founded Minanawe Marketing, an activations business pioneering marketing to township and informal mass markets in South Africa.

He sold Minanawe Marketing in 2018, after which he founded Kasinomics, an advisory service that provides insights, strategies, and a route to market to the informal economy.

Kasinomics is also invested in several township-focused startups, making Alcock an expert in the informal sector.

Alcock told The Real Network that South Africa’s informal economy is estimated to be worth above R1 trillion.

“The numbers I have access to add up to an informal economy of R750 billion a year in terms of turnover,” he said.

However, he said these numbers only represent between two-thirds and three-quarters of the full size of South Africa’s informal sector.

That means that the true size of the township and informal economy is between R1 trillion and R1.125 trillion.

Based on Trade Intelligence’s research, Alcock highlighted a few of the biggest sectors by turnover in South Africa’s information economy.

• Spaza shops account for R190 billion across 100,000 outlets.

• The fast-food sector accounts for R90 billion across 50,000 outlets.

• The beauty sector accounts for R10 billion annually.

• The taxi sector accounts for R50 billion a year across 250,000 vehicles.

• The multi-sector is worth around R18 billion per year.

• Savings stokvels are worth R44 billion per year.

• The backroom rental sector in townships is worth R20 billion annually.

• The spaza shop rental economy is around R25 billion per year.

He added that numerous other large sectors exist in the informal economy, including automotive, construction, catering, car washes, and bakeries.

“If you take a mirror to the formal economy, you will find every sector represented in the informal economy,” he said.

“They are successful, and in many cases, these businesses came from the formal sector to serve the informal sector.”

Capitec CEO Gerrie Fourie also recently said the informal sector is under-valued, and that it forms an important part of South Africa’s economic future.

Formalising the informal economy

Alcock said it was a misnomer that informal businesses trade in cash and want to stay under the radar to avoid paying tax.

He said card payments have rapidly grown in South Africa’s informal sector. One company, Lesaka, has over R2 billion per month throughput on its informal merchant’s Kazang POS devices.

“In January 2021, 100% of these merchant’s wallet top-ups were in cash. By November 2024, 40% of the wallet top-up were now digital,” he said.

This shows that there has been a dramatic shift away from cash in South Africa’s informal economy, and this trend is accelerating.

Alcock said this shows that a hybrid model marrying the informal and formal sectors is emerging in the country.

“While the business remains informal, the payment methods are moving away from cash to formal digital payments,” he said.

Another area where the informal economy can benefit from formalisation is to secure the place where businesses operate.

This will help these businesses invest and grow, which in turn will create value and allow the owners to sell if necessary.

He likened it to hot dog stands in New York, where the owners must get approval and pay rent for the place they operate.

Alcock advised South African authorities to consider formalising a part of the informal economy to assist and grow this sector.

This includes leaving some of these businesses’ informal characteristics, which help them operate seamlessly, alone.

“We need to recognise that these are real businesses built by township entrepreneurs. Many of them are large businesses,” he said.

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Home Affairs gives quick steps of getting your ID

Are you about to apply for your ID for the first time? Here are steps to help you go about it.

Identity documents are issued to South African citizens or permanent residence permit holders who are 16 years or older.

People (including spouses and children) who are working for the South African government or one of its statutory bodies outside of South Africa also qualify to receive a South African ID.

You can apply for your ID at any office of the Department of Home Affairs (DHA) or any South African mission or consulate overseas.

All applications are sent to the Department’s head office in Pretoria.

There, your fingerprints will be matched with those already on record or entered into the National Population Register.

Your application will then be processed and once issued, your ID will be forwarded to the office where you made your application for you to collect.

Step 1: Visit www.dha.gov.za.

Step 2: Click on Branch Appointment Booking System (BABS).

Step 3: Enter your South African ID number.

Step 4: Enter your other personal details in the fields provided.

Step 5: Select your province, city and branch.

Step 6: Click on select timeslots

Applying for an identity document for the first time

First time applicants must submit the following documentation to their nearest DHA office or South African mission or consulate abroad:

• Form BI-9, completed in black ink

• A certified copy of your birth certificate or reference book or a copy of the old Transkei, Bophutatswana, Venda or Ciskei homelands identity or travel documents

• Two identical, colour photographs (not needed at smartcard offices as ID images are captured digitally, however, colour photographs are still needed for temporary IDs)

• Your fingerprints will be taken by a Home Affairs official and imprinted on Form DHA-9.

Correcting errors in the ID Document

If you get your ID book and there are errors in the personal information contained within, the DHA will replace your ID free of charge.

To apply to correct information in your ID, simply submit the following to any office of the DHA:

• Forms BI-9 and BI-309 completed with the correct information

• Proof of the error, that shows the correct information e.g. birth certificate

• Two identical colour photographs (not needed at smartcard offices as ID images are captured digitally)

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