CIVIL REGISTRATION IN SOUTH AFRICA V S MKHIZE DEPARTMENT OF HOME AFFAIRS REPUBLIC OF SOUTH AFRIVA 05 December 2014 1

Table of Contents Purpose Background Map of South Africa Life cycle Legislative framework for birth Birth registration processes Legislative framework for marriages Marriage processes Legislative framework for death Death registration processes Information Repository Challenges and Mitigation strategies Incentives and sanctions 2

Purpose To share with the delegation on the processes and strategies for improving civil registration in South Africa. 3

Background A secured SA citizenship and Identity is a priority outcome for the Department of Home Affairs An improved Civil Registration (CR) provides evidence based (reliable data) policy decision and thus enhances efficient allocation of resources DHA has legislation and programs pertaining to CR, and has coordinated actions and integration with other departments & systems meant to improve CR. The departmental public awareness campaigns/programs & stakeholders (which undo remote geographical barriers) continue to provide positive results to socio-cultural beliefs about CR (emphasis on Rural and Farm areas).

DISTRICTS AND LOCAL CIVIL REGISTRATION OFFICES CR structure National Department of Home Affairs (Policy, Legislation/Regulations/SOP, Strategy, Records Man, M&E DISTRICTS AND LOCAL CIVIL REGISTRATION OFFICES Coordination Oversight role Quality service delivery 9 provinces 6

This presentation entails processes relating to the following Civil Registration matters: 7

Legislative framework for birth The Constitution (Act 108 of 1996)(Sect 20) – No citizen may be deprived of a citizenship Birth and Death Registration Amendment Act, 2010 (Act No 18 of 2010) regulates the registration of births and deaths further regulate the amendments & rectification of particulars of persons Notice of Birth: A person having charge (parents or legal guardian) of the child shall, within 30 days after the birth of such child, give notice thereof in the prescribed manner.

The new Birth Registration process (BRP 001) Client Medical Practitioner / Registered Nurse Front Office Clerk START 1. Child is born / immunised 2. Complete and issue a Confirmation of Birth 4. Verify parent s’ supporting documents & using Online Verification 5 Are fingers on Hanis 8. Print out Online Verification confirmation and attach to DHA-24 Yes No 6. Complete details of applicant on DHA- 24A /Give advice about DHA-9 3. Complete DHA - 24 9. Verify particulars of parents on NPR 7. Take full set of finger prints on DHA-24A for record purpose 10. Capture/ Register the Birth on NPR (allocate ID no.) 11. Print Unabridged Birth Certificate BRP 002 Node 12 23 Receive Unabridged Birth Certificate 22 Issue Unabridged Birth Certificate to client BRP 002 Node 14 END

The new Birth Registration process (BRP 002) Front Office Supervisor / Senior Clerk Courier H/O BVR Postal Receipt H/O BVR EDMS SECTION H/O BIRTH SECTION 12. Conduct QA – Verify particulars on Certificate with DHA-24 25. Courier forms to Head Office (BVR) 26. Receive forms at Head Office (BVR) 27 Archival section (EDMS) capture on template 14. Sign and stamp Abridged Birth Certificate BRP 001 Node 11 13 NPR entry correct ? 28 Place all recorded DHA-24 batches on shelves 16. Communicate with official at HO Place message on function 035 15 NPR entry incorrect ? 24 Register, dispatch DHA-24 on Track & Trace System ,prepare list send for BVR 29 Check &Place recorded DHA-24 batches on numbered shelves END 17. Phone Birth Section (Waltloo) and request correction 18. Fax DHA-24 to Birth section at Head Office BVR 19. Birth Section Head Office receives fax,corrects error 21 Re-print the Abridged Certificate 20. Notify Office of Origin about rectification

Parent at Foreign Mission H/O Citizenship Section Registration of Birth at Foreign Missions Abroad (SA Citizens) (BRP 001) Parent at Foreign Mission Missions H/O New Cooperation Foreign Unit H/O Citizenship Section H/O EDMS/Template START 1.Parent completes DHA-24 & DHA-529 at foreign Mission to register birth of the child 2. Does application comply with regulations? 4. Receive Diplomatic Bag & Dispatch 5. Receive Notice of Birth & Supporting documents at Foreign Unit 6. Verify citizenship status of the applicant’s parents 7. Does Notice of Birth comply? 9. Verify Informant particulars on NPR 2(a). Application does not comply to regulations 7(a) Obtain supporting documents to ensure compliance 10. Capture on NPR and allocate ID number 3. Dispatch to Head Office SA via Diplomatic Bag 15. Sort & archive registration forms 11. Issue Unabridged birth certificate & post to the foreign Mission 14. Separate Births 8. Determine Citizenship 13 Receive Birth Certificate & inform client to come & collect 12 Receive Birth Certificate & inform client to come & collect END 11

Legislative framework for marriages Marriage Act No. 25 of 1961 - Makes provision for the solemnisation of civil marriages Civil Marriages can only be solemnized by duly designated marriage officers Recognition of Customary marriages Act, 1998 (Act No 120 of 1998) Makes provision for, regulate and specifies the requirements for a valid customary marriage Required marriage age – 18 years Customary marriage negotiated entered customarily If one of the couple is non-south African in possession of a passport and or permit, refer the couple to Immigration - Letter of no impediment - Declaration or affidavit in the case of Refugees or Asylum Seekers

Registration of a civil marriage and a civil union marriage between two South African citizens who are in possession of South African identity documents Client (2 SA citizens) Marriage Officer (MO) DO / RO (Back Office) HO Dir PR Post Can. HO Dir PR BMD START 1. Provide identity documents to marriage officer 2. Check for compliance 8 . Verify against database for marriage officers 9. Mark DHA-30 off on MO-file, place a copy on file 16. Receive marriage registers T & T & count for stats 18. Receive all incoming work in office 19. Sort into error codes and those with printouts 17. Dispatch to Marriages 3. Marriage officer to solemnise marriage 10. . Verify record for completeness and correctness Error codes Yes Can it be rectified 13. Capture marriage on NPR and attach printout of F062 to form No 4. Complete marriage register Is DHA-30 correct? No Yes 6. Receive marriage certificate & copy of DHA-30 20. Archive paper documents on template 22. Capture marriage on NPR 5. Issue DHA-27 and copy of DHA-30 to client Yes No 14. Scan documents (T&T) 7. Submit all documents to Home Affairs END 21. File bundles in shelf in section 11. Send to correspondence section *Legal Documents: ID’s DHA-30 DHA-27 END 12. Receive enquiry and submit correct details 15. Courier records To Head Office

Solemnization and Registration of a civil marriage or civil union marriage between a South African citizen who is in possession of an identity document and the other party is not in possession of a SA identity number or is a foreign national Customer Marriage Officer DO / RO (Back Office) HO Dir PR Post Can. HO Dir PR BMD START 1. SA citizen wishes to marry a foreigner or a SA not in possession of SA ID 3. Check all documents for correctness and compliance 8 . Verify against database for marriage officers 14. Scan documents (T&T) 16. Receive marriage registers T & T & count for stats 18. Receive all incoming work in office 19. Sort into error codes and those with printouts 9. Mark DHA-30 off on MO-file, place a copy on file 15. Courier records To Head Office 17. Dispatch to Marriages 7. Submit all Documents to Office under which He/she resorts Error codes Can it be rectified 2. Provide legally required documents* together with 2 photographs to marriage officer. 4. Marriage officer completes DHA-30 and takes fingerprints of couple Yes No 10. . Verify record for completeness and correctness No Yes 20. Archive paper documents on template 22. Capture marriage on NPR 13. Capture marriage on NPR and attach printout of F062 to form 5. Marriage officer conducts marriage. Issue DHA-27 and copy of DHA-30 to customer Is DHA-30 correct? Yes END No 21. File bundles in shelf in section 12. MO receives enquiry and rectifies 11. Send to correspondence section 6. Receive DHA -27 and COPY OF DHA-30 END 23. Send to correspondence section END

Solemnization and Registration of a civil marriage and civil union marriage between two persons of whom neither is in possession of identity documents issued in terms of the Identification Act, 1997 (mostly foreign nationals) Customer Marriage Officer DO / RO (Back Office) HO Dir PR Post Can. HO Dir PR Marriages START 3. Check all documents for correctness and compliance 7. Submit all Documents to Office under which He/she resorts 8. Mark DHA30 off on MO-file Place 2nd copy on file 16. Receive and scan documents in on T&T 1. Two SA citizen not in possession of identity documents or two foreign nationals wishes to marry Sort Regis-ters 4. Complete DHA-30 & takes fingerprints of couple Attach photos to register 9. Do physical Paper check on registers received 17. Count for Stats and send To Marriages 2. Provide legally required documents* together with photographs to marriage officer 10. Is DHA-30 correct? Yes 19. Template records with “R” and file in shelves 14. T&T register to Head Office 5. Conduct marriage, issue DHA-27 and copy of DHA-30 to customer END No 15 Couriers Documents to Head Office 6. Receive DHA -27 and COPY OF DHA-30 13. MO receives enquiry and rectifies 12 Return enquiry to Marriage Officer *Legally required Documents: DHA-30 / DHA-31 Passports END

Marriage Registration Process 16

Legislative framework for death Give notice of death (DHA-1663)- form completed by the medical practitioner as confirmation that a person has died (sealed area on causes of death- only for statistical purposes). Death Report (DHA-1680) completed by Traditional Leader. Verify particulars of deceased on NPR Accompanying documents – copy of identity document of the deceased, copy of identity document of the informant and appointment letter of the funeral undertaker. Capture death on NPR & forward 1663 forms to Stats SA (causes of death)

The New Death Registration Process with DHA-1663 Client/ Informant Doctor/ Undertaker/ Informant Front Office Clerk #1 5. Check DHA-1663 for completeness 6. Verify particulars of Doctor or Nurse on database 1. Person dies & Doctor certifies death START Fingers on HANIS? 12. Conduct online verification of the informant Yes 8. Verify if Funeral undertaker is registered on the database Info match? No Yes Fingers verified by HANIS? 2. Doctor fills sec A,B or C, D, & G of DHA-1663 No No 13. Complete DHA-9 to capture / update fingers on HANIS and attach to DHA-1663 7. Refer to supervisor to follow up and request the doctor to submit a copy of the “registration of his practice” FU registered? Yes 2.1 Registered Medical Practitioner forward a copy of page 1 of to Home Affairs No END 14. Print out Online Verification confirmation and attach to DHA-1663 Yes 10. Verify particulars of informant and deceased on NPR 9. Request the FU to bring the letter of designation / if not designated request the next of kin to come register 15. Capture in NPR 3. Undertaker fills sec E & and takes his/ her thumbprint & the fingerprints of the deceased and informant 18. Hand Over Abridged Death Certificate or Handwritten Death to Client Information match? Yes 11. Note the error code on DHA-1663 and refer to BVR for investigation 16. Issue Handwritten or abridged Death Certificate and burial order 17. Print abridged death certificate 4. Undertaker or informant submits documents to DHA No

Designation & duties of local registrar Legal framework – centralised civil registration Constitutional mandate – national competency, cooperative governance Operations – decentralised = provincial provinces & local level Functions and Powers registrations and take applications Access rights to: capture, view, print, BUT not amend/rectify Investigation and verification of information Issue certificates (unabridged BMD) Local footprint expansion, needs identification Inter-agency engagements Conduct outreach programmes Quality assurance Ensure access to services, Public education, Stakeholder engagement

Information Repository: National Population Register Identification Verification Registration Immigration Passport issuing Certificates ID Book Identity Number Name and Surname Marital Status Residential Status Citizenship Birth Information Passport Information Death Information Immigration Information Control Flags Fingerprint Information Archive Information

Challenges Late Registration of Births (LRB) – addressed through enforcement of new legislation(effecting penalties after 2015) Inadequate knowledge of birth registration amongst other persons in some areas – communication strategy in place Late Registration of Death- Public Education and awareness & Regulations to enforce registration of Death within 3 days (72 hrs.) Systems not integrated with other departments (though information shared through MOU) National psyche & consciousness to make civil registration a natural civic duty Cultural & religious barriers remain, e.g. naming the child Historical millions of paper based records Some areas lack or have weak network or connectivity (very difficult signal penetration Stand alone, not compatible IT system within departments & intra departmental Registration of deaths in rural remote areas

Mitigation strategies NPR Campaign launched in 2010 Establishment of stakeholder forums Hospitals connectivity Introduction of Unabridged Births certificates on the spot Paternity requirements High impact outreach programmes using Mobile offices/solution Intensive communication strategy using various platforms and mediums Production & distribution of promotional materials ( pamphlets and posters) MOU and Collaboration with Health, Education, Agri-SA, StatsSA, HSRC (research, surveys and trends)

Mitigation strategies Legislation review (enactment of Births and Deaths Registration Amendment Act, 2010 with emphasis on birth registration within 30 days and death registration within 72 hrs.) & proclamation of Births & Deaths regulations Registration process – easily redefined, understandable Increased footprint Quality & completeness – changed the forms, biometrics, paternity requirements, staff training by learning academy and business units, SOPs Leadership- minister’s advice, face & champion Public Education & Public communication platforms - TV, radio, billboards Household profiling & collaboration with municipalities

Incentives and sanctions Child birth Registration gives access to social benefits Schools require birth certificates People are able to travel abroad Private sector need birth certificates for medical aid purposes Birth registered after 30 days shall be phased out by December 2015, after which stringent measures / penalties shall apply

Thank you 25