Government Gazette

Vol. 410, No. 20350, 13 August1999

Regulation Gazette, No. 6600

No. R. 956

GOVERNMENT NOTICE

BIRTHS AND DEATHS REGISTRATION ACT, 1992 (ACT NO. 51 OF 1992)

FIFTH AMENDMENT OF THE REGULATIONS ON THE REGISTRATION OF
BIRTHS AND DEATHS, 1992

The Minister of Home Affairs has, under section 32 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), made the regulations in the Schedule.

SCHEDULE

Definitions

1. (1) In this Schedule "the Regulations" means the regulations published by Government Notice No. R. 2139 of 9 September 1992, as amended by Government Notice Nos. R.1503 of 2 September 1994, R. 1635 of 11 October 1996, R. 879 of 3 July 1998 and R. 117 of 1 February 1999.

(2) In the Regulations any reference to an Annexure to the Regulations shall be construed as referring to an Annexure to the English text of the Regulations.

Amendment of regulation 1 of the Regulations

2. Regulation 1 of the Regulations is hereby amended by -

1. the insertion after the def~nition of "death register" of the following definition:

"'death report' means a death report referred to in regulation 11(5)."; and

2. the insertion after the definition of "district representative" of the following definition:

"'immigration officer' means an immigration off~cer appointed under section 3 of the Aliens Control Act, 1991 (Act No. 96 of 1991)."

Amendment of Regulation 4A of the Regulations

3. Regulation 4A of the Regulations is hereby amended by the substitution for subregulation (2) of the following subregulation:

"(2) If the customary union or marriage is recognised in terms of section 1(2), the relevant application must be attached to a duly completed notice of birth referred to in Annexure 1A, 1B or 1C, as the case may be.".

Amendment of regulation 5 of the Regulations

4. Regulation 5 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:

"(1) A notice of birth in terms of Chapter II of the Act shall be in the form and contain substantially the information set out in -

1. Annexure 1A in the case of a person under one year;
2. Annexure 1B in the case of a person of one year and older, but under 15 years; and
3. Annexure 1C if the person is 15 years and older."

Substitution of regulation 6 of the Regulations

5. The following regulation is hereby substituted for regulation 6 of the Regulations:

"Registration of births

6 (1) Where notice of birth is given to a regional representative or a district representative, the birth shall be registered in terms of section 5(2) if the information of the parents in the notice corresponds with that of the parents included in the population register, and a birth certificate may be issued to the informant in the place of a written acknowledgement of receipt as referred to in regulation 5(4).

(2) Where notice of birth is given to a regional representative or a district representative, and the information of the parents is not included in the population register, the birth shall be registered in terms of section 5(3) and a handwritten birth certif~cate may be issued to the informant in the place of a written acknowledgement of receipt referred to in regulation 5(4).

(3) The regional representative or district representative shall in respect of each notice of birth received in terms of regulation 5(6)(a) -

1. register the birth in terms of section 5(2) if the information of the parents in the notice corresponds with that of the parents included in the population register, and issue a birth certificate referred to in subregulation (1), to the informant; or
2. register the birth in terms of section 5(3) if the information of the parents is not included in the population register, and issue a handwritten birth certificate referred to in subregulation (2) to the informant.

(4) The Director-General shall, on receipt of a notice of birth referred to in regulation 5(6)(b), determine the citizenship of the person in accordance with the provisions of the South African Citizenship Act, 1995 (Act No. 88 of 1995), and if the person is a South African citizen, register the birth in terms of section 5(2) and issue a birth certificate to the informant.

(5) If a birth has been registered twice, the Director-General shall direct which notice shall be cancelled.

(6) If a notice of birth is given after the expiration of thirty days, but before the expiration of one year from the date of birth, the Director-General shall demand reasons for the late notice and if satisfied that the person whose birth is being given notice of is a person referred to in section 5, register the birth accordingly: Provided that if not so satisfied, the provisions of subregulation (8) shall apply mutatis mutandis.

(7) A notice of a birth of a person of one year and older shall be accompanied by all available documentary proof of his or her identity and status and if possible, an affidavit by an adult family member at least 10 years older than the person concerned confirming his or her identity and status, as well as the reasons for the late notice in writing: Provided that in the absence of conclusive documentary proof, the Director-General shall, subject to the provisions of section 7, verify the information by careful questioning of the deponent of the affidavit and also the person whose birth is being given notice of, if the latter is 14 years or older.

(8) The Director-General may register such birth if satisfied that the person referred to in subregulation (7) is a South African citizen, a South African permanent residence holder, or a non-South African referred to in section 5(3) of the Act, as the case may be: Provided that if he or she is in doubt about the status of the person concerned or convinced that the person is not a person referred to above, he or she shall refer the matter to an immigration officer to investigate and deal with in terms of the provisions of the Aliens Control Act, 1991 (Act No. 96 of 1991)."

(9) If a person whose birth is being given notice of is 16 years or older, his or her left thumbprint shall be affixed to the appropriate space on the notice referred to in Annexure 1C: Provided that if he or she has no left thumb, his or her right thumbprint shall be affixed to the appropriate space and where that is also not possible, the instructions by the Director-General in this regard shall apply.

(10) Subregulation (9) shall apply mutatis mutandis to an informant giving notice of the birth of a person of one year and older.".

Substitution of regulation 7 of the Regulations

6. The following regulation is hereby substituted for regulation 7 of the Regulations:

"Notice of birth of child born out of wedlock

7. Where notice of birth is given in terms of section 10(1)(b) the person who acknowledges that he is the father of the child shall enter the particulars regarding himself as set out in Annexure 1A, 1B or 1C, as the case may be, upon the notice of birth.".

Substitution of regulation 8 of the Regulations

7. The following regulation is hereby substituted for regulation 8 of the Regulations:

"Amend~nent of birth registration of a child born out of wedlock

8. (1) In order to amend, in terms of section 11(1), the registration of the birth of a child born out of wedlock, the Director-General may, at his discretion, request any proof in respect of the birth.

(2) If the Director-General is convinced in terms of section 11(1), he shall, in order to amend the registration of the birth, cancel the original notice and register the birth in accordance with the said application.

(3) No reference to the previous registration shall be affixed to the new notice of birth.

Substitution of regulation 11 of the Regulations

8. The following regulation is hereby substituted for regulation 11 of the Regulations:

"Notice of death

11. (1) Any notice in respect of a death given in terms of Chapter III of the Act, shall be given orally or in writing by the informant, in the magisterial district where the death occurred, to any person authorised for this purpose in terms of section 4(1).

(2) A death register referred to in sections 14(2), 17(2) and 19(2) shall be in the form and contain substantially the information set out in part A to G of Annexure 4.

(3) The cause of death shall be given as "unnatural causes" or "under investigation", as the case may be, on the death register, in the case of a death due to other than natural causes.

(4) Any person referred to in subregulation (1) to whom notice of a death is given, as well as a police officer who in terms of section 17 receives a certificate from a medical practitioner, shall -

1. complete a death register, containing the certificate referred to in regulation 12(1);
2. issue a burial order and deliver it to the person who has charge of the burial;
3. subject to the provisions of regulation 13(1), issue a proof of notice of death in the form and which substantially contains the information set out in Annexure 6, to the informant; and
4. except in the case of a person attached to a regional or district Office, forward all completed death registers daily to the regional representative or district representative in whose area his or her office is situated.

(5) A notice of death referred to in section 14(1)(b) shall be given to a person authorised in terms of section 4(1) to receive such notices who, upon receipt of such notice, shall complete a death report which shall be in the form and contain substantially the information set out in Annexure 5 and who shall upon completion thereof, deliver the death report to a person authorised in terms of section 4(1) to receive such death report.

(6) If a person authorised to receive a death report is satisf~ed that the death was due to natural causes and that a medical practitioner was or is not available to examine the body, he or she shall-

1. complete parts A, B, C and E of the death register;
2. attach the death report to the death register;
3. record the cause of death as "natural causes"; and
4. further deal with the death register in accordance with the provisions of subregulation (4)(b), (c) and (d).

(7) If the person referred to in subregulation (6) is not satisfied that the death was due to natural causes, he or she shall investigate, or cause to be investigated, the circumstances of the death and if satisfied after such investigation that the death was due to natural causes, deal with the death in accordance with subregulation (6)(a) up to and including (d): Provided that a report of the f~ndings of the investigation shall be attached to the death register.

(8) If the person referred to in subregulation (6) has reason to believe that the death was due to other than natural causes, he or she shall refer the matter to a police officer who shall deal with the death in terms of the provisions of section 3 of the Inquest Act, 1959 (Act No. 58 of 1959). "

Amendment of regulation 12 of the Regulations

9. Regulation 12 of the Regulations is hereby amended by the substitution for subregulation (4) of the following subregulation:

"(4) The left thumbprint of the deceased and informant, if the deceased was 16 years or older at the time of his or her death and the informant is 16 years or older, shall be aff~xed, by a person authorised thereto in terms of section 4, to the appropriate space on the form referred to in subregulation (1) and regulation 11(2): Provided that if the deceased or informant, as the case may be, has no left thumb, his or her right thumbprint shall be aff~xed to the appropriate space and where that is also not possible the instructions of the Director-General in that regard shall apply.".

Insertion of regulation 19A and 19 B in the Regulations

10. The following regulations are hereby inserted after regulation 19:

1. "Alteration of forename or surname to protect identity

19A. An application for the alteration of a forename or surname of a person to protect his or her identity in terms of a witness protection plan shall be lodged by the Department of Justice, on behalf of the person concerned, with the Director-General and shall include a written confirmation by the aforesaid Department confirming that the person concerned is under their witness protection plan and that the alteration concerned is essential to protect his or her identity"; and

2. "Publication of alterations and amplif~cations of forenames and surnames

19B. In the case of an alteration or amplification of a forename or surname referred to in section 27, the full names of the person as they existed before the alteration or amplification, his or her identity number, his or her postal address and his or her altered or amplified forename or surname shall be published in the Gazette.".

11. The following regulation is hereby inserted after regulation 20:

"Surrender of documents and certificates containing incorrect information

20A. The holder of a certificate or document referred to in section 7(3), or his or her guardian shall, if he or she or his or her guardian has been requested to do so, hand such certificate or document to the Director-General or dispatch it to him or her by registered mail within 30 days of the date of such request."

Amendment of Index of Annexures to the Regulations

12. The Index of Annexures to the Regulations is hereby amended by -

1. the insertion after the item "Notification/Register of death/still birth ..... Annexure 4" of the following item: "Death report ..... Annexure 5"; and
2. the deletion of Annexure 2 and the insertion of the following Annexures:

"Notice of birth (Persons under one year) ... Annexure 1A
Notice of birth (Persons one year and older, but under 15 years) ... Annexure 1B
Notice of birth (Persons 15 years and older) ... Annexure 1C."

Substitution of Division of Regulations to the Regulations

13. The following Division of Regulations is hereby substituted for the Division of Regulations to the Regulations:

"Division of Regulations

. . . . . . . . . . . . .. . . . . . . . . . .

Short title

14. These Regulations shall be called the Fifth Amendment of the Regulations on the Registration of Births and Deaths, 1992.

Annexures:

Annexures 1A
Annexures 1B
Annexures 1C
Annexures 5