The short answer
Applying for birth certificates can be complicated. You may need help.
The whole question
I am a Zimbabwean lady with three children with a South African man. We are not married. How can we apply for birth certificates for our children?
The long answer
Thank you for your email asking how you can apply for birth certificates for your three children with a South African man that you are not married to.
If you just needed copies of their birth certificates, you would fill in Form B1-154 at Home Affairs and pay a  fee for each application. But if they have never had birth certificates, this is how it works:
All children born in South Africa must be registered within 30 days of their birth in terms of the Births and Deaths Registration Act of 1992. The parents are then issued with an unabridged birth certificate which contains the full details of the child and its parents.
If a child is registered after 30 days but before 1 year, you must complete and submit Form B1-24 to Home Affairs along with written reasons why the birth was not registered. This will be sent to the Home Affairs Head Office to get an ID number and to keep a record of it.
It gets a lot more complicated if a child is registered after 1 year but before 15 years. In that case, you will need to complete and submit Form B1-24/1 along with written reasons why the birth wasn’t notified in the 30-day period. You will also have to submit as many of the following documents as possible to confirm the child’s identity and status:
* A certificate from the hospital or maternity home where the child was born. The certificate must be signed by the person in charge and contain the institution’s official stamp.
* Official confirmation of the child’s personal details taken from the register of the first school attended by the child. Again the confirmation must be on the school’s official letterhead, signed by the principal with the official school stamp on it.
* The child’s baptismal certificate
* Sworn affidavits by you and the child’s father
* A clinic card
* School reports and any other documents that help to prove your child’s identity.
They will interview you (and / or the father?) and your fingerprints will be verified against the national database. If successful, the application will be forwarded to the Home Affairs Head office to allocate an ID number and keep a record of it.
If one of the children is over 15 years, they must apply for an ID (Form B1-9) as well as their birth application. Forms DHA-24, DHA-24/A x 2 and DHA -288 must be completed to register the birth. You must also submit supporting documents (as listed above) as well as written reasons for not registering the birth within 30 days.
As all the requirements above are complex and demanding, and dealing with Home Affairs is never easy, you may want to take advice from one of the following organisations:

In terms of the Immigration Act of South Africa, a permanent relationship is considered to have broken down if certain circumstances are met. Here's a breakdown of what constitutes a breakdown:

1. Divorce or separation:
* A divorce decree or a court order confirming the separation has been granted.

2. Irreconcilable differences:
* The couple has been living apart for a continuous period of at least two years.
* The couple has been living apart for a continuous period of at least one year, and one partner has filed a lawsuit for divorce or separation.

3. Abuse or neglect:
* One partner has been physically, emotionally, or financially abusive to the other.
* One partner has neglected the other, leading to a breakdown in the relationship.

4. Abandonment:
* One partner has abandoned the other for a continuous period of at least one year.

5. Death of a partner:
* The death of one partner, in which case the surviving partner may apply for a change of status or a permanent residence permit.

6. Other circumstances:
* Any other circumstances that demonstrate the relationship has broken down irreconcilably, such as:
+ Infidelity
+ Addiction
+ Criminal behavior
+ Mental or physical incapacity

Documentation required:

To prove a breakdown of a permanent relationship, the following documentation may be required:

• Divorce decree or separation agreement
• Court orders or legal documents
• Affidavits from the couple or witnesses
• Police reports or medical records (in cases of abuse)
• Death certificate (in cases of a partner's passing)

Please consult the South African Department of Home Affairs or an immigration expert for guidance on specific requirements and procedures.

 

The breakdown of a permanent relationship, in the context of immigration law, typically refers to the dissolution of a relationship that was used as the basis for a visa or residency application. The specifics can vary depending on the country and its immigration laws, but here are some general points that might be relevant:

1. Definition of Permanent Relationship: In many immigration systems, a permanent relationship is often defined as a long-term, committed relationship between two people, such as a marriage or a de facto partnership. This relationship must meet certain criteria to qualify for immigration benefits, like spousal visas or partner visas.
2. Grounds for Breakdown: The breakdown of a permanent relationship generally means that the relationship has ended or is no longer considered genuine or ongoing. This could be due to:

• Divorce: Legal dissolution of marriage.
• Separation: The couple has physically separated and no longer lives together as a couple.
• Irreconcilable Differences: Significant issues or disputes that make it impossible to continue the relationship.

Immigration Consequences: If a permanent relationship breaks down, it can affect the immigration status of the individual who was in the relationship. For example:

• Visa Cancellation: If a visa was granted based on the relationship, it might be subject to review or cancellation if the relationship ends.
• Residency Status: The person may lose their right to remain in the country if their residency was contingent on the relationship.

Notification and Evidence: Often, there are requirements to notify immigration authorities of the breakdown of a relationship. This could involve providing evidence of the breakdown and possibly undergoing a review of the immigration status.

Legal and Practical Steps: The affected person might need to seek legal advice to understand their rights and obligations. They might also need to explore alternative visa options or residency pathways if their current status is jeopardized.

Country-Specific Rules: Each country has its own rules and processes. For instance, in Australia, the Immigration Act requires partners to notify the Department of Home Affairs if their relationship ends. In the UK, the Home Office may review the validity of a visa if the relationship used to obtain it breaks down.

If you’re dealing with a specific situation or need precise information, it’s a good idea to consult an immigration lawyer or expert familiar with the relevant country’s immigration laws.

How do judicial opinions influence the handling of marriages of convenience

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Judicial opinions play a significant role in shaping the handling of marriages of convenience, particularly in the context of immigration law in South Africa. These opinions provide legal precedents and interpretations that influence how such marriages are perceived and treated by the courts and immigration authorities. Here are some key ways in which judicial opinions impact the handling of marriages of convenience:

Establishing Legal Precedents

1. Defining Marriages of Convenience: Key cases, such as Washkansky v Washkansky (1940) and Martens v Martens (1952), have established important legal principles regarding the nature of marriages of convenience. In Washkansky, the court highlighted concerns about evasion of immigration laws, indicating that marriages entered into solely for immigration benefits are viewed with skepticism and may not be recognized as valid under immigration law

·  .

·  Criteria for Validity: The courts have emphasized that a valid marriage must be based on genuine consent, cohabitation, and the provision of conjugal rights. In Martens, the court ruled that the marriage, although legally valid, was entered into with the primary intention of circumventing immigration laws, which undermined its legitimacy

1. . This establishes a framework for evaluating the authenticity of spousal relationships in immigration contexts.

Impact on Immigration Policy

1. Judicial Scrutiny of Immigration Practices: Judicial opinions have prompted the government to reconsider its policies regarding marriages of convenience. Courts have recognized the potential for abuse of immigration laws through fraudulent marriages, leading to calls for stricter regulations and enforcement mechanisms to combat such practices

·  .

·  Protection of Rights: Recent judicial rulings have also focused on the rights of individuals involved in marriages of convenience, particularly concerning their dignity and family life. For instance, courts have ruled that the right to family life is a core component of human dignity, which must be balanced against immigration enforcement measures

1. . This perspective influences how immigration authorities handle cases involving foreign spouses of South African citizens.

Public Policy Considerations

1. Public Policy and Human Dignity: Courts have articulated that recognizing marriages of convenience can conflict with public policy and the sanctity of marriage. For example, in Martens, the court noted that allowing such marriages to stand could undermine the institution of marriage itself and the rights associated with it

·  . This judicial stance encourages immigration authorities to scrutinize marriages more closely to prevent the exploitation of immigration benefits.

·  Legislative Reforms: Judicial opinions often serve as catalysts for legislative changes aimed at addressing the complexities of marriages of convenience. The courts' interpretations of existing laws can highlight gaps and inconsistencies, prompting lawmakers to revise immigration and family law to better address these issues

1. .

In summary, judicial opinions significantly influence the handling of marriages of convenience by establishing legal precedents, shaping immigration policy, protecting individual rights, and guiding public policy considerations. These opinions underscore the importance of genuine relationships in the context of immigration and the need for robust mechanisms to prevent fraudulent practices

What are the key principles judicial opinions use to determine the validity of a marriage

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Judicial opinions play a crucial role in determining the validity of marriages, particularly in the context of South African law. Here are the key principles that courts typically use to assess whether a marriage is valid:

Key Principles for Determining Validity of Marriage

1. Consent: A foundational requirement for any valid marriage is the mutual consent of both parties. Courts emphasize that consent must be informed and voluntary, free from coercion or undue influence. In cases involving customary marriages, the courts have recognized that the understanding of consent may differ across cultural contexts, highlighting the need for flexibility in interpreting this principle

·  .

·  Capacity: Both parties must have the legal capacity to marry. This includes being of legal age (generally 18 years or older) and not being closely related (prohibited degrees of kinship). Courts assess whether the parties meet these legal requirements before validating a marriage

·  .

·  Formalities: Depending on the type of marriage (civil or customary), specific formalities must be observed. For example, customary marriages often require the negotiation and payment of lobolo (bride price) and may involve a ceremonial handing over of the bride. Courts have ruled that while these formalities are important, they can be flexible; for instance, the handing over of the bride may be waived in certain circumstances if both parties and their families agree

·  .

·  Public Policy: Courts consider the broader implications of recognizing a marriage, particularly regarding public policy. Marriages of convenience, which are entered into primarily to circumvent immigration laws, are scrutinized heavily. Courts have ruled that such marriages can be deemed invalid if they undermine the institution of marriage or are contrary to public morals (contra bonos mores)

·  .

·  Cohabitation and Consortium Omnis Vitae: The principle of consortium omnis vitae, which encompasses the right and duty of spouses to live together and support each other, is significant in determining the validity of a marriage. Courts may assess whether the couple has cohabited and fulfilled their marital obligations, as a lack of such fulfillment can indicate that the marriage is not genuine

·  .

·  Cultural Considerations: In the context of customary marriages, courts are increasingly recognizing the importance of living customary law, which reflects the dynamic and evolving nature of cultural practices. Courts may call upon expert witnesses to provide insight into the specific customs relevant to the marriage in question, ensuring that cultural practices are respected while adhering to constitutional principles of equality and dignity

·  .

·  Judicial Discretion: Courts have the discretion to evaluate the circumstances surrounding a marriage and to determine its validity based on the evidence presented. This includes considering the intentions of the parties involved and whether the marriage serves the interests of justice and equity

1. .

In summary, the validity of a marriage in South African law is determined through a combination of consent, capacity, adherence to formalities, public policy considerations, cohabitation obligations, cultural contexts, and judicial discretion. These principles ensure that marriages are recognized as genuine and meaningful social contracts, reflecting both individual rights and societal values.

 

 

The short answer
As you have refugee status you should not have any difficulty renewing your licence
The whole question
I am a refugee with a four year refugee status that I renew every four years.
My RSA driver's licence expired last week. I went to the traffic department to renew it and was told they no longer renew our licences without first speaking to Home Affairs. How does one get it all fixed?
The long answer
Thank you for your email about your difficulties renewing your driver’s licence.
As you have refugee status you should not have any difficulty renewing your licence.
It may be that a regulation 32(A) of the National Road Traffic Regulations promulgated in 2014 is creating a problem:
This regulation 32(A) says that “Motorists must verify all personal and address particulars with any motor vehicle or driving licence transaction.”
If, on the other hand, the problem is not to do with any technical detail, but is to do with Home Affairs’ notorious inefficiency and lack of capacity, you could ask the following organisation for assistance:

Deputy Minister of Home Affairs, Njabulo Nzuza says the department will soon move into a remote system in efforts to secure the country’s national security and speed up services.
In efforts to speed up services and clamp down on a regular offline system, the Deputy Minister of Home Affairs, Njabulo Nzuza, reiterated the department has plans to digitise its system.
This comes after the department announced that Home Affairs operating hours were extended to Saturdays from September 21 until October 12, for matriculants to apply and collect their IDs in time for their final examinations commencing next month.
Home Affairs offices will be open for five hours, operating between 8am to 1pm.
“Mainly, we are targeting matriculants before examinations commence. We are going to have about 2,800 staff members up until October 12 every Saturday, and 321 offices across our country. Another major issue is collection of IDs; we have about 600,000 uncollected IDs, including 140,000 (IDs) which are first time issuances. We want people to collect and apply for their IDs,” said Nzuza.
Speaking to Newzroom Afrika, he said Home Affairs offices operating on Saturdays was not new as it has been implemented in the past years.
The digitisation Home Affairs was the department’s commitment to speed up services in order to beat the constant long queues and backlog of uncollected and unissued IDs.
Among other plans to revitalise services in the department, Nzuza said a digitised Home Affairs would eventually pilot a remote system, where people apply for their IDs and other documents in the comfort of their homes.
He added that technological infrastructure is currently on the cards, improving the department’s systems.
“We are trying to build a digital Home Affairs. We want people to apply for their documents from home now, it is what we are working hard on for people to use apps and apply for their IDs.
“We are investing a lot in technology to improve the speed in which the level of our offices connect. We are having various projects which deal with various biometrics, which makes it easier to operate our offices. That commitment and investment in infrastructure is there, especially in Information Technology.
“We are now moving to the digital space, which we call the ‘Home Affairs from home’, by digitising the paper records to a digital space. The minister is very passionate about it. We want to deliver services at your doorstep- very exciting announcements are on the way,” said Nzuza.
Media outlets reported that the Minister of Home Affairs, Leon Schreiber, said digitising the department would also secure South Africa’s national security, clamping down on illegal immigration.
Speaking at the RMB Morgan Stanley Investor Conference last week, Schreiber emphasised digitising his office would boost the economy and stabilise ‘law and order’ in the country. The minister’s utterances is amid the validity of controversial pageant queen Miss Universe Nigeria Chiddima Adetshina’s citizenry.
Adetshina’s mother is under fire for allegedly committing fraud and identity theft. The department discovered in July that the mother may have stolen the identity of a South African woman from Tshwane, who entered the national population register in 1982.
Additionally, the Labour Department has recently been raiding restaurants in the province, following discoveries that these eateries were allegedly underpaying workers and hiring illegal immigrants.
“The only way to turn Home Affairs into a department that supercharges economic growth, delivers dignified civic services and secures national security, is by urgently embracing automation and digital transformation,” said Schreiber, according to Polity.

The Department of Home Affairs has reacted to rumours that the green barcoded ID book will no longer be valid from April next year.
In yet another legal victory for those whose ID documents were illegally blocked by Home Affairs, the Gauteng High Court, Pretoria, has once again ordered the department to unblock the IDs of 142 clients of Lawyers for Human Rights.
The court gave the ruling last is week and ordered that Home Affairs had 20 days in which to to do so.
The Lawyers for Human Rights said the ruling underscored the broader impact on thousands of individuals suffering under the flawed administrative system.
The judgment, handed down by Judge Elmarie van der Schyff, in the matter of Phindile Philile Mazibuko and others, follows months of the department’s non-compliance with a previous court order in the Mazibuko case, issued in January.
Since January, Home Affairs has failed to comply fully with the orders to investigate and unblock the IDs of hundreds of individuals, effectively stripping them of their constitutional rights and dignity, the Lawyers for Human Rights said.
Many have been left unable to access essential services, work or conduct basic transactions. The January judgment confirmed that the department’s actions were unconstitutional.
The latest ruling came after the Lawyers for Human Rights return to court because of the department’s non-compliance.
While the court did not find the department in contempt, it confirmed that Home Affairs had failed to unblock IDs by the deadline.
The court also addressed a crucial issue of inconsistency, as Home Affairs said it had unblocked some of the IDs in July this year. However, the LHR said the numbers kept changing, causing confusion and concern.
As a result, the court has demanded an affidavit from the department by September 27, explaining exactly which IDs had been unblocked and when that had been done.
In a parallel development, Home Affairs published a notice on August 16, threatening to cancel IDs unless affected individuals submitted written representations within 30 days.
While Judge Van der Schyff ruled that the notice did not apply to the Lawyers for Human Rights’ clients, the notice remained a looming threat for thousands of others who could lose their IDs without a fair administrative process.
The Lawyers for Human Rights said the case was not just about it’s clients; it was about the thousands of individuals whose rights were being violated by arbitrary and unconstitutional actions. The failure to unblock IDs impacted the most vulnerable members of our society, exacerbating poverty, inequality and exclusion, it said.
The Lawyers for Human Rights called on the department to urgently comply with the court’s order and to address the broader crisis by reviewing and reforming its administrative processes.
“The thousands of individuals facing the threat of having their IDs cancelled under the department’s recent directive must be afforded fairness and proper administrative processes. A just and transparent system is essential to ensure that no one’s rights are violated, and that every individual can access justice and their basic constitutional rights,” the organisation said.