- NO. 40 OF 1996: BIRTHS AND
DEATHS REGISTRATION AMENDMENT ACT, 1996.
-
- PRESIDENT'S OFFICE No.
1486.
-
5 September 1996
-
- NO. 40 OF 1996: BIRTHS AND
DEATHS REGISTRATION AMENDMENT ACT, 1996.
-
- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
-
- GENERAL EXPLANATORY NOTE:
-
- Words in bold type
indicate omissions from existing enactments. Words in italics
indicate insertions in existing enactments.
-
ACT
-
- To amend the Births and
Deaths Registration Act, 1992, so as to define the expression "child
born out of wedlock"; and to make provision for the recognition
of customary
unions concluded according to indigenous law or
-
custom
-
and of marriages solemnised or
concluded according to the tenets of any religion; and to provide
for matters connected therewith.
-
(English
text signed by the President.) (Assented to 29 August 1996.)
-
- BE IT ENACTED by the
Parliament of the Republic of South Africa, a follows:- Amendment of
section 1 of Act 51 of 1992
-
1. Section 1 of the Births and
Deaths Registration Act, 1992 (Act No. 51 of
-
1992), hereinafter
referred to as the principal Act, is hereby amended-
-
- (a) by the insertion after
the definition of "burial place" of the following
-
definition:
-
- "'child born out of
wedlock' does not include a child whose parents were married to
each other at the time of his or her
-
conception
-
or at any time thereafter
before the completion of his or her birth;"; and
-
- (b) by the addition of
the following subsection, the existing section becoming subsection
(1):
-
"(2)(a)
For the purposes of this Act 'marriage' includes a
-
customary union
concluded according to indigenous law or custom, and a
-
marriage solemnised or
concluded according to the tenets of any religion, which is
recognised by the Minister in terms of paragraphs
(b) and (c).
-
- (b) A union or marriage
referred to in paragraph (a) shall be recognised by the Minister if
he or she upon the submission of
information in the prescribed form
is satisfied that such a union or marriage was in fact concluded or
solemnised.
- (b), require
-
- (c) The Minister may
request that information be submitted to clarify or amplify any
information submitted in terms of paragraph
-
- or may call upon any
person to appear before him or her and may
-
- or allow such person to
give such information orally and to give such other information as
in the opinion of the Minister may
help to decide upon the matter
under consideration.".
Substitution
of section 10 of Act 51 of 1992 -
- 2. The following section
is hereby substituted for section 10 of the principal Act:
-
- "Notice of birth of
child born out of wedlock
-
- 10. (1) Notice of birth
of an illegitimate child a child born out of wedlock shall be
given-
-
(a) under
the surname of the mother; or -
- (b) at the joint request
of the mother and of the person who in the presence
- himself
-
- of the person to
whom the notice of birth was given acknowledges
-
- in writing to be the
father of the child and enters the prescribed particulars regarding
himself upon the notice of birth, under
the surname of the person
who has so acknowledged.
-
- (2) Notwithstanding the
provisions of subsection (1), the notice of birth may be given
under the surname of the mother if the
person mentioned in
subsection (1)(b), with the consent of the mother, acknowledges
himself in writing to be the father of
the child and enters
particulars regarding himself upon the notice of birth.".
- Substitution of section
11 of Act 51 of 1992
-
- 3. The following section
is hereby substituted for section 11 of the principal Act:
-
- "Amendment of birth
registration of child born out of wedlock
-
- 11. (1) Any parent or
guardian of an illegitimate child a
-
child born out of
wedlock whose parents married each other after the
-
registration of his or her
birth, may, if such child is a minor, or such child himself or
herself may, if he or she is of
age,
-
apply to the
Director-General to amend the registration of his or her birth as
if his or her parents were married to each
other at the
-
time of his or her
birth, and thereupon the Director-General shall,
-
if satisfied that the
applicant is competent to make the application, that the alleged
parents of the child are in fact his
or her
-
parents and that they
legally married each other, amend the registration of birth in the
prescribed manner as if such child's
parents were legally married
to each other at the time of his or her birth.
-
- (2) If an illegitimate
child's the parents of a child born
-
out of wedlock marry each
other before notice of his or her birth
-
is given, notice of such
birth shall be given and the birth registered as if the parents
were married to each other at the
time of his or
-
her birth.
-
- (3) Subsection (1)
shall apply with the necessary changes in
- respect of a child born
from parents married to each other by virtue of
-
a union or marriage
recognised by the Minister in terms of section
-
1(2), at any time after
the registration of the birth of such child as
-
a birth out of
wedlock.".
-
- Short title
-
- 4. This Act shall be
called the Births and Deaths Registration Amendment
-
Act. 1996.$
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