Save children from statelessness in South Africa

Lawyers for Human Rights (LHR) has continued to assist undocumented and stateless children through its walk-in clinics across the country over the period, ensuring access to birth registration, citizenship and legal status in South Africa. Although the outbreak of the Covid-19 pandemic in South Africa has limited services to walk-in clients, important interventions continued to be made on behalf of these clients. 

In addition to direct legal services, LHR conducted capacity building and awareness raising initiatives in respect of the rights of stateless children, including publication of a statement on unaccompanied and separated migrant children for the International Day of an African Child that saw wide circulation. 

The most significant outcomes on behalf of stateless children over the reporting period were achieved through court victories.  The matter of Chisuse v Minister of Home Affairs was resolved by the Constitutional Court in July 2020.  The matter concerned children who were born whilst their parents were in exile and their births were prevented from being registered in South Africa. The Constitutional Court confirmed that they were indeed South African citizens, and the Department of Home Affairs immediately began implementing this order, resulting in protection for many similarly situated individuals who were historically rendered stateless due to the previous interpretation of the law.  Many tears were shed in the court room of the highest court in the land on the day this judgement was handed down. 

The matter of Naki v Minister of Home Affairs was also heard at the Constitutonal Court in September 2020.  This was to confirm the order made in the case declaring section 10 of The Birth and Deaths Registration Act unconstitutional in that it discriminates against single fathers by preventing them from giving notice of birth for purposes of registering their children. As a result, and in a further brilliant victory on behalf of stateless children, those born out of wedlock can now have their births registered by their fathers and even take up the father’s surname.

In all of the interventions made by LHR on behalf of stateless and undocumented children over the period, the gratitude and relief of our clients in being able to access a legally-recognised identity remained at the forefront of the minds of our legal practitioners.  As the impacts of COVID-19 continue to deepen in South Africa, and particulalry for the most marginalised and vulnerable among us, we remain steadfastly committed to protecting and promoting the rights of our clients. 

We remain enormously grateful for the support of our GlobalGiving donors, who help make a direct difference in the lives of the children we assist. 

Links:

• Brilliant news coverage of landmark Chisuse judgement