A significant legal battle unfolds as UCT Children’s Institute challenges Home Affairs over late birth registrations.
Reporting by Daily Maverick link has revealed a legal battle between the UCT Children’s Institute and the Department of Home Affairs over a significant backlog in late birth registration applications.
On June 10, 2026, the Western Cape High Court in Cape Town witnessed the UCT Children’s Institute, with support from the Legal Resources Centre and a group of South African parents, challenging the Department of Home Affairs. The plaintiffs are seeking a structural interdict compelling the department to devise a clear strategy to tackle the backlog of undecided late birth registration applications. These applications pertain to birth certificates requested more than 30 days after a child's birth.
The Core Issue
The UCT Children’s Institute argues that the backlog results in severe violations of children's constitutional rights. Without birth certificates, children lack legal recognition and access to essential services like education, healthcare, and social security. Advocate Daniel Linde, representing the Children's Institute, emphasized the plight of "unrecognised children," highlighting the vulnerability of those affected.
In contrast, the Department of Home Affairs, represented by advocate Adiel Nacerodien, denies the existence of a systemic backlog. Nacerodien argued that while a backlog exists, it has been significantly reduced and does not warrant judicial intervention. He stated, "The legislative scheme allows for the late registration of births, and [the number of applications] will never be zero."
Background of the Case
The legal proceedings initiated in December 2024 involve the caregivers of 19 children and one adult, whose applications have remained undecided for two to seven years. The plaintiffs seek a court order to compel the Department of Home Affairs to resolve these applications and issue birth certificates where applicable. They also demand a diagnosis of systemic inefficiencies and a plan to prevent future delays.
Linde pointed out that, due to the litigation, the department prioritized these cases, with almost all applicants receiving birth certificates before the court date. However, he argued that these instances reflect broader systemic issues, such as poor inter-provincial communication and lengthy processing times for supporting documents.
The Department's Position
The Department of Home Affairs contends that the relief sought by the plaintiffs is moot, as it has already issued birth certificates for all but one applicant. The department insists that the delays experienced do not justify the "intrusive level of structural relief" being requested. It claims to have implemented effective measures to address and reduce the backlog.
In May 2023, then-Minister of Home Affairs Dr. Aaron Motsoaledi reported a backlog of over 250,000 undecided late registration applications accumulated from 2018 to 2022. The Children’s Institute maintains that the department lacks a thorough plan to manage this backlog and prevent its growth.
What's Next?
As the court deliberates, the outcome could have significant implications for how late birth registrations are processed in South Africa. The case highlights the ongoing tension between ensuring children's rights and the administrative capabilities of government departments. The court's decision will be important in determining the future handling of such cases and the rights of undocumented children in the country.