South Africa
Births and Deaths Registration Act, 1992
Act 51 of 1992
- Published in Government Gazette 13953 on 6 May 1992
- Assented to on 26 April 1992
- Commenced on 1 October 1992 by Births and Deaths Registration Act, 1992: Commencement
- [This is the version of this document from 1 March 2014.]
- [Amended by General Law Third Amendment Act, 1993 (Act 129 of 1993) on 1 September 1993]
- [Amended by Home Affairs Laws Rationalisation Act, 1995 (Act 41 of 1995) on 5 September 1995]
- [Amended by Births and Deaths Registration Amendment Act, 1996 (Act 40 of 1996) on 5 September 1996]
- [Amended by Births and Deaths Registration Amendment Act, 1997 (Act 67 of 1997) on 3 December 1997]
- [Amended by Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997) on 4 September 1998]
- [Amended by Births and Deaths Registration Amendment Act, 1998 (Act 43 of 1998) on 4 September 1998]
- [Amended by Adoption Matters Amendment Act, 1998 (Act 56 of 1998) on 4 February 1999]
- [Amended by Births and Deaths Registration Amendment Act, 2002 (Act 1 of 2002) on 19 March 2002]
- [Amended by Alteration of Sex Description and Sex Status Act, 2003 (Act 49 of 2003) on 15 March 2004]
- [Amended by Births and Deaths Registration Amendment Act, 2010 (Act 18 of 2010) on 1 March 2014]
1. Definitions
In this Act, unless the context otherwise indicates—"biometrics" means photographs, fingerprints (including palmprints), hand measurements, signature verification or retinal patterns that may be used to verify the identity of individuals;“birth”, in relation to a child, means the birth of a child born alive;“burial” means burial in earth or the cremation or any other mode of disposal of a corpse;“burial place” means any public, private or other place which is used for a burial;“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;"Children's Act" means the Children's Act, 2005 (Act No. 38 of 2005);“competent court” means a magistrates' court, and a children's court established in terms of the Children's Act;“corpse” means any dead human body, including the body of any still-born child;“Department” means the Department of Home Affairs;“Director-General” means the Director-General: Home Affairs;“forename” means the word or words by which a person is designated as an individual and which precede his or her surname;“major” means any person who is 18 years or older and "person of age" has a similar meaning;"marriage" means—(a)a marriage concluded in terms of—(i)the Marriage Act, 1961 (Act No. 25 of 1961); or(ii)the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998);(b)a civil union concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006); or(c)a marriage concluded in terms of the laws of a foreign country;“Minister” means the Minister of Home Affairs;“minor” or “minor person” means any person who is not a major or a person of age;“population register” means the population register contemplated in section 5 of the Identification Act, 1997 (Act No. 68 of 1997);“prescribed” means prescribed by regulation;“registration”, in relation to a birth or a death, means the registration thereof mentioned in section 5;“still-born”, in relation to a child, means that it has had at least 26 weeks of intra-uterine existence but showed no sign of life after complete birth, and “still-birth”, in relation to a child, has a corresponding meaning;“this Act” includes the regulations.[section (1), previously subsection (1), amended by section 3 of Act 41 of 1995, by section 1(a) of Act 40 of 1996 and by section 1(a) and (b) of Act 1 of 2002 and substituted and renumbered by section 1(a) of Act 18 of 2010]Chapter I
Administration
2. Application of Act
The provisions of this Act shall apply to all South African citizens, whether in the Republic or outside the Republic, including persons who are not South African citizens but who sojourn permanently or temporarily in the Republic, for whatever purpose.3. Director-General to administer Act
The Director-General shall be charged with the administration of this Act.4. Transfer of powers and duties
5. Custody of records and registration of births and deaths
6. Reproduction of documents
7. Verification, supplementation and rectification of particulars
8. Fees payable
The Director-General may with the concurrence of the Minister of Finance determine the fees payable for any specified act performed in accordance with the provisions of this Act by the Director-General or any person contemplated in section 4, and shall publish such fees in the Gazette.[section 8 substituted by section 3 of Act 18 of 2010]Chapter II
Registration of births
9. Notice of birth
10. Notice of birth of child born out of wedlock
11. Amendment of birth registration of child born out of wedlock
12. Notice of birth of abandoned or orphaned child
13. Birth outside the Republic
If a child of a father or a mother who is a South African citizen is born outside the Republic, notice of birth may be given to the head of a South African diplomatic or consular mission, or a regional representative in the Republic.Chapter III
Registration of deaths
14. Death due to natural causes
15. Certificate by medical practitioner
16. Duty of police officer on receipt of certain information
Whenever a police officer receives information mentioned in section 14(3) or (4), 15(3) or 18(4) or (5), he or she shall act in terms of the provisions of section 3 of the Inquests Act, 1959 (Act No. 58 of 1959).17. Death due to other than natural causes
18. Still-birth
19. Death outside the Republic
20. Burial order
21. Burial register
Any person having charge of a burial place shall maintain a burial register in which he or she shall enter from the burial order the prescribed particulars regarding every burial in such burial place.22. Issuing of death certificate
After a death has been registered in terms of this Act, the Director-General shall issue a prescribed death certificate.22A. Designation of funeral undertakers
Chapter IV
General
23. Amplification of birth registrations
If the birth of any person was registered before the commencement of this Act without the assignment to him or her of any forename or surname, any parent of a minor, or a person of age, may apply to the Director-General for the amplification of the registration of his or her birth by the entry of his or her forename or surname, and the Director-General shall thereupon, if satisfied that the applicant is competent to make the application, so amplify the birth register in respect of such person.[section 23 substituted by section 9 of Act 18 of 2010]24. Alteration of forename
25. Alteration of surname of minor
26. Assumption of another surname
27. Publishing of alterations and amplifications of forenames and surnames
27A. Alteration of sex description
27B. Recording of adoption in birth register
28. Issuing of certificates
29. Secrecy
30. ***
[section 30 repealed by section 17 of Act 18 of 2010]31. Offences, penalties and evidence
32. Regulations
The Minister may make regulations relating to—33. Repeal and amendment of Acts, and savings
34. Short title
This Act shall be called the Births and Deaths Registration Act, 1992, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.History of this document
01 March 2014 this version
15 March 2004
19 March 2002
04 February 1999
04 September 1998
03 December 1997
05 September 1996
05 September 1995
01 September 1993
01 October 1992
26 April 1992
Assented to
Cited documents 9
Act 9
1. | Promotion of Administrative Justice Act, 2000 | 2054 citations |
2. | Promotion of Access to Information Act, 2000 | 1631 citations |
3. | Children's Act, 2005 | 546 citations |
4. | Immigration Act, 2002 | 298 citations |
5. | Recognition of Customary Marriages Act, 1998 | 174 citations |
6. | Inquests Act, 1959 | 132 citations |
7. | Marriage Act, 1961 | 111 citations |
8. | Civil Union Act, 2006 | 51 citations |
9. | Alteration of Sex Description and Sex Status Act, 2003 | 6 citations |
Documents citing this one 1169
Gazette 1130
Judgment 23
By-law 11
Act 5
1. | Children's Act, 2005 | 546 citations |
2. | Unemployment Insurance Act, 2001 | 186 citations |
3. | Refugees Act, 1998 | 171 citations |
4. | South African Citizenship Act, 1995 | 113 citations |
5. | Alteration of Sex Description and Sex Status Act, 2003 | 6 citations |