Court orders DG to issue birth papers

A SOLDIER who fathered a baby while on a peacekeeping mission is helping create clarity on the issue of registering births of children born in South Africa to a South African parent and a foreign national.

The Grahamstown High Court this week ordered the Department of Home Affairs to register the birth of Lawrence Naki’s daughter.

This was after the Legal Resources Centre challenged the Department of Home Affairs’ failure to register the child’s birth because the child’s mother did not have a valid visa and was considered an “illegal foreigner”.

The centre said in a statement the department had refused to register the birth‚ citing the Birth and Death Registration Act Regulations which‚ they argued‚ prohibited the father from registering the birth of his daughter.

Naki‚ a South African citizen‚ works for the South African National Defence Force and met his wife when he was sent to the Democratic Republic of the Congo (DRC) on a peacekeeping mission. They have two children together. The oldest is currently living in the DRC. Naki could not register the birth of his South African-born child‚ even though the child is a South African citizen in terms of the Citizenship Act.

The LRC argued that the Department of Home Affairs’ interpretation of the regulations was incorrect and that‚ properly interpreted‚ Naki alone should be able to register his daughter’s birth‚ notwithstanding the fact that the mother was an illegal foreigner.

The LRC further argued that if the department’s interpretation of the regulations was correct‚ then the regulations were unconstitutional.

The court declared the department’s refusal to register the birth unlawful and invalid.

It ordered the department’s director-general to take all necessary steps to ensure the birth was registered and a birth certificate issued.

However‚ the LRC said the court had refused to pronounce on whether the department’s interpretation of the regulations was incorrect.

As a result‚ the court refused to make a finding on the constitutionality of the regulations.

The court stated it would prefer to hear the views of an amicus curiae (friend of the court) on these issues, and requested the Grahamstown Bar to appoint one. — TMG