Highly Confidential STRATEGIES FOR IMPROVING CIVIL REGISTRATION & VITAL STATISTICS SYSTEM IN SOUTH AFRICA 05 December 2014 Highly Confidential Legislation Constitution of the Republic of South Africa Marriage Act,1961, Act no 25 of 1961 Recognition of Customary marriage Act, 1998, Act no 120 of 1998 Civil Union Act, 2006, Act no 17 of 2006 2 Highly Confidential Civil Marriage If you want to get married or enter into a Civil marriage and want to do so at a Home Affairs office, the following process is to be followed. Requirements: •BI- 30 registration form •BI-31 in the case of a foreigner •Letter of no impediment confirming marital status (foreigner) •Two witnesses must be present •Identity documents of the marital couple and the two witnesses •Four photographs of the marital couple: e.g. two ID photo’s for each spouse 3 Highly Confidential Recognition of Customary Marriages Requirements: • The prospective spouse must both be above the age of 18 years. • Both must consent to be married to each other under Customary Law. • The marriage must be negotiated and entered into or celebrated in accordance with Customary Law. • Both parties to Customary Marriage must submit to the registering officer, their Identity documents to enable him /her to note the correct details of the parties to the marriage on to the application form. • Two representatives, each from one family. • A lobola letter if available. 4 Highly Confidential Civil Union If you want to get married or enter into a Civil Union marriage/partnership and want to do so at a Home Affairs office, the following process is to be followed. Requirements: •DHA 1764/5 registration form •Two witnesses must be present •Identity documents of the marital couple and the two witnesses •Four photographs of the marital couple e.g. two ID photo ‘s size for each spouse 5 Highly Confidential Additional requirements in specific cases Foreign nationals marrying South African citizens must present a valid passport and permit Minors (under 18 years of age) must provide a form of consent filled in by both parents Divorcees need to provide the final Decree of Divorce Widows / widowers need to provide the deceased spouse’s Death Certificate Declaration or affidavit confirming marital status in the case of Refugees or Asylum Seekers 6 Highly Confidential 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) START DO / RO (Back Office) Marriage Officer (MO) 1. 2. Provide identity documents to marriage officer Check for compliance 8. Verify against database for marriage officers 10. Marriage officer to solemnise marriage . Verify record for completeness and correctness Receive marriage certificate & copy of DHA-30 5. Issue DHA-27 and copy of DHA-30 to client Is DHA30 correct? Yes *Legal Documents: - ID’s -DHA-30 -DHA-27 12. Receive enquiry and submit correct details Capture marriage on NPR and attach printout of F062 to form No 18. 19. Receive marriage registers T & T & count for stats Receive all incoming work in office Sort into error codes and those with printouts Yes Can it be rectified Error codes No 11. Send to correspondence section Scan documents (T&T) No Yes 20. 22. Archive paper documents on template Capture marriage on NPR 14. 7. Submit all documents to Home Affairs 16. Dispatch to Marriages 13. Complete marriage register 6. 9. Mark DHA-30 off on MO-file, place a copy on file 17. 3. 4. HO Dir PR BMD HO Dir PR Post Can. END 21. File bundles in shelf in section END 15. Courier records To Head Office 7 Highly Confidential 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 1. 3. Check all documents for correctness and compliance 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) 9. Mark DHA-30 off on MO-file, place a copy on file 15. Courier records To Head Office HO Dir PR BMD HO Dir PR Post Can. 16. Receive marriage registers T & T & count for stats No 19. Receive all incoming work in office Sort into error codes and those with printouts 17. Dispatch to Marriages Error codes 10. . Verify record for completeness and correctness Is DHA30 correct ? 18. No 13. Yes Capture marriage on NPR and attach printout of F062 to form Yes Can it be rectified No Yes 20. 22. Archive paper documents on template Capture marriage on NPR END 21. 12. MO receives enquiry and rectifies 11. Send to correspondence section File bundles in shelf in section END 23. Send to correspondence section END 8 Highly Confidential 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 9 Highly Confidential Registration of a Customary marriage at District and Regional Offices Consumer / Customer HO Post Receipt District or Regional Office – Back Office HO Dir PR BMD H/O Archiving Start 1. Apply to register customary marriage / make appointment 3. Verify Documents for compliance with Act 2. Interview couple and representatives . Comply with Act No 13. Receive customary registers from offices via T&T 15. Final control check on registers 14. Count and refer to Marriages All details correct Yes 8. Receive abridged certificate 10. Receive DHA-41or BI1700 11 Receive letter with noncompliance for registration End 7. Issue abridged certificate 6 Capture details of customary marriage on NPR 9. If unable to print a certificate issue BII1700 11. File 2nd copy of marriage register in office 5. Complete BI-1699 12. Forward marriage register to HO via T& T 4. Cannot register and issue Letter to client with reason. Place message on 035 Yes No 17 Correspond with local office or applicant 16. Send to template and shelve End 18. Receive enquiry and finalise End 10 Highly Confidential Bottlenecks & Strategies to address bottlenecks No 1 Main challenges Divorce at magistrate offices not linked to DHA systems (manual process) Impact Delays in registration of divorces/ reliance on divorcee to present docs as this is a responsibility of Justice Department Strategy to address identified bottleneck System integration (Department of Home Affairs & Department of Justice and Constitutional Development) Delayed registration of divorces, Incorrect number of divorces 2 Unavailability of records due to manual records keeping and multiple archiving sites Delays in confirming client status, status of persons not updated on NPR, inaccurate status of persons on NPR Introduction of new electronic document management system Send sms followed by ID number or call customer contact center (check your status – NPR function), Centralization and digitization of records 3 4 Clients often not given explanation of marriage types and requirements, Delays in submission of marriage registers by outside designated marriage officers Submission of Inadequate supporting documents resulting in delays in registration of marriage, Marriage not registered timeously Training of officials and marriage officers Unregistered marriages due to apartheid legacy Issuance of Inaccurate status on death certificates, division of estates Lokisa Ditokomane project, registration of marriages posthumously, Ministerial declaration as per legislation at various intervals (only for old customary marriages registration) Fraudulent marriages/marriages of convenience Delays in getting letters of no impediment and/or authentication by other countries, risk of fraud documents, countries without population registers Media campaign and promotions materials, Standard Operating Procedures developed and frequently asked questions handbook and Stakeholder Forums established Authentication of NO impediment letters by other states Letter of no impediment, legislation review, increase prison terms to 15 years, marriage no longer a gate way to citizenship, aligned to immigration laws and naturalization 11 Highly Confidential THANK YOU 12