CIVIL REGISTRATION IN SOUTH AFRICA V S MKHIZE DEPARTMENT OF HOME AFFAIRS REPUBLIC OF SOUTH AFRIVA 05 December 2014 1 Table of Contents 1. Purpose 2. Background 3. Map of South Africa 4. Life cycle 5. Legislative framework for birth 6. Birth registration processes 7. Legislative framework for marriages 8. Marriage processes 9. Legislative framework for death 10.Death registration processes 11.Information Repository 12.Challenges and Mitigation strategies 13.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). 4 5 CR structure National Department of Home Affairs (Policy, Legislation/Regulations/SOP, Strategy, Records Man, M&E Coordination 9 provinces Oversight role Quality service delivery DISTRICTS AND LOCAL CIVIL REGISTRATION OFFICES 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. 8 The new Birth Registration process (BRP 001) Client START 1. Child is born / immunised Medical Practitioner / Registered Nurse 2. Complete and issue a Confirmation of Birth Front Office Clerk 4. Verify parent s’ supporting documents & using Online Verification 5 Are fingers on Hanis Yes 8. Print out Online Verification confirmation and attach to DHA-24 No 3. Complete DHA 24 6. Complete details of applicant on DHA24A /Give advice about DHA-9 7. Take full set of finger prints on DHA-24A for record purpose 9. Verify particulars of parents on NPR 10. Capture/ Register the Birth on NPR (allocate ID no.) 23 Receive Unabridged Birth Certificate 11. Print Unabridged Birth Certificate 22 Issue Unabridged Birth Certificate to client BRP 002 Node 12 BRP 002 Node 14 END 9 The new Birth Registration process (BRP 002) Front Office Supervisor / Senior Clerk BRP 001 Node 11 12. Conduct QA – Verify particulars on Certificate with DHA-24 16. Communicate with official at HO Place message on function 035 13 NPR entry correct ? 14. Sign and stamp Abridged Birth Certificate 15 NPR entry incorrect ? 24 Register, dispatch DHA-24 on Track & Trace System ,prepare list send for BVR 17. Phone Birth Section (Waltloo) and request correction 21 Re-print the Abridged Certificate 18. Fax DHA-24 to Birth section at Head Office BVR Courier 25. Courier forms to Head Office (BVR) H/O BVR Postal Receipt 26. Receive forms at Head Office (BVR) H/O BVR EDMS SECTION H/O BIRTH SECTION 27 Archival section (EDMS) capture on template 28 Place all recorded DHA-24 batches on shelves 29 Check &Place recorded DHA-24 batches on numbered shelves END 19. Birth Section Head Office receives fax,corrects error 20. Notify Office of Origin about rectification 10 Registration of Birth at Foreign Missions Abroad (SA Citizens) (BRP 001) Parent at Foreign Mission Missions H/O New Cooperation H/O Citizenship Section Foreign Unit H/O EDMS/Template START 1.Parent completes DHA24 & DHA-529 at foreign Mission to register birth of the child 2. Does application comply with regulations? 4. Receive Diplomatic Bag & Dispatch 5. 6. Receive Notice of Birth & Supporting documents at Foreign Unit Verify citizenship status of the applicant’s parents 7. 9. Verify Informant particulars on NPR 2(a). Application does not comply to regulations 3. Does Notice of Birth comply? 10. 7(a) Capture on NPR and allocate ID number Obtain supporting documents to ensure compliance Dispatch to Head Office SA via Diplomatic Bag 15. 13 Receive Birth Certificate & inform client to come & collect 11. 12 Receive Birth Certificate & inform client to come & collect Issue Unabridged birth certificate & post to the foreign Mission 8. 14. Separate Births Determine Citizenship Sort & archive registration forms 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 customarily Customary marriage negotiated entered 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 12 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) START 1. Provide identity documents to marriage officer 2. Check for compliance 3. Marriage officer to solemnise marriage 8. Verify against database for marriage officers *Legal Documents: - ID’s -DHA-30 -DHA-27 5. Issue DHA-27 and copy of DHA-30 to client 7. Submit all documents to Home Affairs 12. Receive enquiry and submit correct details Is DHA30 correct? 18. Receive all incoming work in office 19. Sort into error codes and those with printouts Yes Can it be rectified Error codes 13. Capture marriage on NPR and attach printout of F062 to form Yes No 14. Scan documents (T&T) No Yes 20. Archive paper documents on template No 11. Send to correspondence section 16. Receive marriage registers T & T & count for stats 17. Dispatch to Marriages 10. . Verify record for completeness and correctness 4. Complete marriage register 6. Receive marriage certificate & copy of DHA-30 9. Mark DHA-30 off on MO-file, place a copy on file HO Dir PR BMD HO Dir PR Post Can. 22. Capture marriage on NPR END 21. File bundles in shelf in section END 15. Courier records To Head Office 13 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 Marriage Officer Customer START 3. Check all documents for correctness and compliance 1. SA citizen wishes to marry a foreigner or a SA not in possession of SA ID 2. Provide legally required documents* together with 2 photographs to marriage officer. 4. Marriage officer completes DHA-30 and takes fingerprints of couple 5. Marriage officer conducts marriage. Issue DHA27 and copy of DHA-30 to customer 6. Receive DHA 27 and COPY OF DHA-30 7. Submit all Documents to Office under which He/she resorts DO / RO (Back Office) 8. Verify against database for marriage officers 14. Scan documents (T&T) 16. Receive marriage registers T & T & count for stats 9. Mark DHA-30 off on MO-file, place a copy on file 15. Courier records To Head Office 17. Dispatch to Marriages Yes No 11. Send to correspondence section 18. Receive all incoming work in office Error codes 10. . Verify record for completeness and correctness Is DHA30 correct ? 12. MO receives enquiry and rectifies HO Dir PR BMD HO Dir PR Post Can. No 20. Archive paper documents on template 13. Capture marriage on NPR and attach printout of F062 to form Yes 19. Sort into error codes and those with printouts Can it be rectified No Yes 22. Capture marriage on NPR END 21. File bundles in shelf in section END 23. Send to correspondence section END 14 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 START 1. Two SA citizen not in possession of identity documents or two foreign nationals wishes to marry 2. Provide legally required documents* together with photographs to marriage officer Marriage Officer 3. Check all documents for correctness and compliance 7. Submit all Documents to Office under which He/she resorts 4. Complete DHA-30 & takes fingerprints of couple Attach photos to register END HO Dir PR Post Can. 8. Mark DHA30 off on MO-file Place 2nd copy on file 16. Receive and scan documents in on T&T 9. Do physical Paper check on registers received 17. Count for Stats and send To Marriages Yes 10. Is DHA30 correct? 5. Conduct marriage, issue DHA-27 and copy of DHA30 to customer 6. Receive DHA -27 and COPY OF DHA-30 DO / RO (Back Office) 12 Return enquiry to Marriage Officer Sort Registers 19. Template records with “R” and file in shelves 14. T&T register to Head Office END No 13. MO receives enquiry and rectifies HO Dir PR Marriages 15 Couriers Documents to Head Office *Legally required Documents: -DHA-30 / DHA-31 -Passports 15 Registration of a civil marriage and a civil union marriage between two South African Marriage Registration citizens who are in possession of Process South African identity documents Client (2 SA citizens) 1. Provide identity documents to marriage officer Marriage Officer (MO) 2. Check for compliance DO / RO (back office) 8 . Verify against database for marriage officers 14. Scan documents &T) HO Dir PR Post Can. 16. Receive marriage registersT & T & count for stats HO Dir PR BMD 18.. Receive iall incoming work in office 22. Rectify error code START Yes 3. Marriage officer to solemnise marriage 4.Complete marriage register 6. Receive marriage certificate & copy of DHA-30 5. Issue DHA-27 and copy of DHA30 to client 9. Mark DHA-30 off on MO-file, place a copy on file *Legal Documents: - Identity Documents -DHA-30 -DHA-27 13. Receive enquiry and submit correct details 17. Dispatch to 11. Send Marriages documentation to H/O via Courier 10. Verify record for completeness and correctness 19.Sort into error codes and those with printouts Error codes Is DHA30 correct? 12. Send to correspondence section 23. Capture marriage on NPR Yes No Yes No 7 Submit all documents to Home Affairs 15. Courier records To Head Office Error code can not be rectified 20. Archive paper documents on template 11. Capture marriage on NPR 21 File bundles in shelf in section H/O = Head Office 3rd P = External party END DO and RO = District & Regional Office 11 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) 17 The New Death Registration Process with DHA-1663 Client/ Informant START Doctor/ Undertaker/ Informant 1. Person dies & Doctor certifies death 2. Doctor fills sec A,B or C, D, & G of DHA-1663 END 18. Hand Over Abridged Death Certificate or Handwritten Death to Client 17. Print abridged death certificate 2.1 Registered Medical Practitioner forward a copy of page 1 of to Home Affairs 3. Undertaker fills sec E & and takes his/ her thumbprint & the fingerprints of the deceased and informant 4. Undertaker or informant submits documents to DHA Front Office Clerk #1 6. Verify particulars of Doctor or Nurse on database 5. Check DHA-1663 for completeness Fingers on HANIS? Yes No 8. Verify if Funeral undertaker is registered on the database Yes Info match? No No FU registered? No Yes 10. Verify particulars of informant and deceased on NPR Information match? No 12. Conduct online verification of the informant 7. Refer to supervisor to follow up and request the doctor to submit a copy of the “registration of his practice” 9. Request the FU to bring the letter of designation / if not designated request the next of kin to come register 13. Complete DHA-9 to capture / update fingers on HANIS and attach to DHA1663 15. Capture in NPR Fingers verified by HANIS? Yes 14. Print out Online Verification confirmation and attach to DHA1663 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 18 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 19 Information Repository: National Population Register Identity Number Registration Name and Surname Verification Residential Status Marital Status Identification Birth Information Citizenship Death Information National Population Register ID Book issuing Passport Information Passport issuing Control Flags Immigration Information Immigration Fingerprint Information Archive Information Certificates 20 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 21 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) 22 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 23 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 24 Thank you 25