Press Release: Scalabrini Centre of Cape Town Responds to High Court Judgment Affirms Every Child’s Right to Birth Registration

Cape Town, South Africa – Scalabrini Centre of Cape Town welcomes the recent Western Cape High Court judgment affirming that children born in South Africa cannot be denied birth registration because of their parents’ immigration or documentation status.

Birth registration is far more than an administrative process, it is the legal recognition of a child’s existence and an essential gateway to the enjoyment of many fundamental rights. Without a birth certificate, children may face significant barriers in accessing healthcare, education, social services and legal identity. The Court found that refusing to register a child’s birth solely because a parent lacks valid documentation or lawful immigration status is inconsistent with the Constitution and places an unfair burden on children for circumstances beyond their control. The judgment reinforces the constitutional principle that the best interests of the child are of paramount importance in every matter concerning children.

For many migrant, refugee, asylum-seeking and undocumented families, difficulties obtaining birth registration have created uncertainty and hardship. Parents have often encountered administrative barriers despite seeking to register their children’s births, leaving children without official recognition for extended periods. This judgment represents an important step towards ensuring that all children born in South Africa have equal access to birth registration, regardless of their parents’ immigration status. It recognises that a child’s constitutional rights should not depend on the documentation held by their parents.

It is important to note that this judgment concerns birth registration, not citizenship. A birth certificate records the birth of a child and does not automatically confer South African citizenship, which remains governed by the South African Citizenship Act. While the judgment provides important legal clarity, the Department of Home Affairs may still need to determine how it will implement the Court’s decision in practice, this is a process of 60 days. Families should continue to monitor official updates as implementation processes are communicated.

Scalabrini Centre of Cape Town remains committed to supporting migrant and refugee families in understanding their rights and navigating administrative processes. We will continue to provide updates as further information becomes available.

ENDS