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Where should I register my baby’s birth under lockdown Level 3?

The Department of Home Affairs has announced that along with several other changes to services it provides the registration of births will no longer occur at Home Affairs offices.

Instead, births are to be “registered at the health facilities where they occur. These are the 156 health facilities with Home Affairs office presence,” Minister Aaron Motsoaledi noted in a statement.

Highlighting the alarming number of Covid-19 infections occurring at the department’s more than 400 offices across the country, as well as the difficulty in enforcing Covid-19 protocols in large crowds, the Minister said the decision had been “forced by circumstances”.

The services the minister confirmed as suspended pending further notice include applications for IDs, passports and marriage certificates.

For a list of health facilities new parents will be able to consult for birth registration visit: Dha.gov.za
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Home Affairs suspends certain services

The DHA has suspended the application for smart IDs, with the exception of matriculants applying for IDs.
A long queue outside the Department of Home Affairs in Port Shepstone on Monday this week. Most in the queue were there to register deaths.
The Department of Home Affairs (DHA) has announced the suspension of several services rendered under level 3 lockdown as the number of death certificates being issued by the department has been on the increase.
To remedy the situation, Home Affairs offices have extended operating hours.
“We will be extending operating hours to 7pm to accommodate those needing to register deaths and births. This will be available from now until February 15,” said Home Affairs Minister Dr Aaron Motsoaledi.
The minister said since December the department has been issuing a high number of death certificates.
The figures, he cautioned, are set to spiral further by the end of January. He compared the deaths recorded in December 2020 saying that in December 2018, a total of 36 826 deaths were registered and this rose to 38 620 in December of 2019 before figures skyrocketed to 55 676 in December 2020.
“But on January 4 and 5 – just the first working days of this year – Home Affairs had already registered 10 582 deaths. If this trend continues, there’s going to be a greater demand and it will get worse,” he said.
Confronted by the grim reality, the Department has decided to temporarily suspend certain activities and services.
“This is very unfortunate but we are forced by circumstances. We were guided by statistics. Of all the people who visit [our] offices, 29 percent are people collecting smart IDs, 16 percent are applying afresh for smart IDs, 11 percent come to be issued birth, marriage and death certificates while 10 percent come to apply for temporary IDs,” he said.
The DHA has suspended the application for smart IDs, with the exception of matriculants applying for IDs.
Applications for passports (except for those permitted to travel by the Disaster Management Act regulations), marriage registration and solemnisation of marriages are also suspended as is the collection of IDs.
“I know this will be difficult but please bear with us as we save lives. Please don’t come to collect IDs unless you’re specifically invited to do so via SMS. We’ve decided to change the modality in which we operate, we are proposing that all births and deaths be registered at health facilities at which they took place,” he said
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Intra-Company Transfer (ICT) Visas

Home Affairs – approved in country extensions of
The Minister of Home Affairs, PA Motsoaledi, has approved in country extensions of Intra-Company Transfer (ICT) Visas, provided the following conditions are met –
• in respect of foreigners whose ICT visas had expired during the lockdown, including the current period, as well as those whose visas are due to expire before 31 June 2021;
• the applicant is currently in country;
• prescribed Immigration Requirements applicable to previous and current ICT are met by the applicant.

If your require any further information or assistance with this or any other visa/permit related issues, please email us on info@samigration.com

Kind Regards

Court victory for “invisible, undocumented children”

Fathers to be able to register the births of their children without the mother being present or giving consent
In a victory for “invisible, undocumented children”, unwed fathers will soon be able to register the births of their children without the mother being present or giving consent.
In a victory for “invisible, undocumented children”, unwed fathers will soon be able to register the births of their children without the mother being present or giving consent.
In a ruling this week, three judges of the Eastern Cape High Court, deemed the relevant provision of the Births and Death Registration Act, to be unconstitutional. It still has to be confirmed by the Constitutional Court.
The matter was initially raised by Legal Resources Centre (LRC), with the support of the Centre for Child Law, in a “public interest” application against the Minister and Director-General of Home Affairs.
They were acting on behalf of a South African National Defence Force soldier who met, and fell in love with a Congolese woman while posted on a peacekeeping mission in her country. They married according to customary law in the DRC.
She, along with their two children, came to South Africa on a visitors permit in 2015, where she gave birth to their third child.
Despite the fact that the child was born in South Africa and the father was South African, Home Affairs refused to register the birth because the mother was “undocumented”.
In the high court in 2018, Acting Judge Apla Bodlani declined to declare the sections of the Act unconstitutional. Instead, he ordered amendments to the wording of some of the regulations.
LRC was happy with Judge Bodlani’s ruling. In a statement at the time, it said it was a victory for single fathers trying to register births when the mother is foreign and undocumented or absent or had abandoned the children.
But the Centre for Child Law was intent on overturning section 10, which does not make provision for a child to receive their father’s surname or details of their father on their birth certificate without the mother’s involvement.
Home Affairs did not oppose the appeal.
Judge Sunil Rugunanan, who penned the appeal judgment, said the case affected vulnerable members of society and “a multitude of child cases” born to unmarried fathers. He said children without birth certificates were “invisible” and were effectively denied support and assistance necessary for their positive growth and development, including education and access to social grants.
“The numerous cases in the (Centre’s) papers evokes empathy if one comprehends the extent to which lack of birth registration exacerbates marginalisation,” said the Judge.
Section 10 posed a bar that was discriminatory, not only to the fathers of children born out of wedlock but to the children themselves on grounds that were arbitrary.
“A law that engenders discrimination with the potential for consequences of the enormity shown, cannot be said to be in the best interests of the child, which is paramount.”
He said the “reading in”, as ordered by Judge Bodlani, had only a limited effect and did not address the fundamental problem that section 10 in its entirety did not provide a mechanism for a child born out of wedlock to be registered in the surname of his or her father where the mother was absent.
He declared the section unconstitutional, giving the legislature two years to amend it to ensure it is “constitutionally compliant” and referred the order to the Constitutional Court for confirmation.
The Centre said: “The judgment affirms the fact that every child has the constitutionally enshrined right to a name and nationality from birth and their best interests are of paramount importance in every matter concerning the child.
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You are on an Angolan Dispensation Permanent Residence Visa , have a family here or back home , wife and children in SA – no status – there is a way for them to join you legally

Our dynamic team of immigration consultants provide specialist advice on temporary residence visas, permanent residence permits, appeals on rejected applications, undesirable declaration waivers, V-listing and legal immigration services. Get in touch with us if you’d like a professional yet personal experience provided by our experienced consultants.
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You on a Zimbabwean ZEP Visa , have a family here or back home , wife and children in SA – no status – there is a way for them to join you legally

Our dynamic team of immigration consultants provide specialist advice on temporary residence visas, permanent residence permits, appeals on rejected applications, undesirable declaration waivers, V-listing and legal immigration services. Get in touch with us if you’d like a professional yet personal experience provided by our experienced consultants.
How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Minister instructs schools to enrol all undocumented children

A Rwandan asylum seeker told GroundUp she has been to the Western Cape Metro North Education District, but officials refused to help her enrol her child without a study permit. Western Cape education department spokesperson Bronagh Hammond said the province was busy drafting its circular for schools.
Angie Motshekga has sent a circular to schools to comply with a ruling by the high court
Following a ruling by the Eastern Cape high court (Grahamstown) on December 12 that schools should admit undocumented children, the department of basic education has now issued a circular instructing schools to comply.
On Tuesday, minister Angie Motshekga sent a circular for provincial education departments, heads of provincial government sections, district directors, school governing bodies, school principals, all South African schools and governing body associations to follow the precedent set by the court.
Judge president Selby Mbenenge ruled that the education department could not remove or exclude “children, including illegal foreign children, already admitted, purely by reason of the fact that the children have no identity document number, permit or passport, or have not produced any identification documents”.
However, at the start of this school year, GroundUp found schools that were still turning away undocumented immigrant children despite the ruling and a previous circular sent in July last year by the acting director-general of the department of basic education SG Padayachee instructing public schools to accept undocumented children conditionally while their parents try to obtain documents.
Spokesperson for the African Diaspora Forum, Amur Sheikh, said: “We hope to see the full implementation of the circular. We will also be visiting schools that have been known for making admission difficult for migrant children.”
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