Highly Confidential 05 December 2014 STRATEGIES FOR IMPROVING CIVIL REGISTRATION & VITAL STATISTICS SYSTEM IN SOUTH AFRICA

2 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

3 Highly Confidential 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 Civil Marriage

4 Highly Confidential 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. Recognition of Customary Marriages

5 Highly Confidential 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 Civil Union

6 Highly Confidential  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 Additional requirements in specific cases

7 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 HO Dir PR Post Can. HO Dir PR BMD 21. File bundles in shelf in section Marriage Officer (MO) DO / RO (Back Office) Client (2 SA citizens) 3. Marriage officer to solemnise marriage 1. Provide identity documents to marriage officer 4. Complete marriage register 6. Receive marriage certificate & copy of DHA Verify against database for marriage officers 16. Receive marriage registers T & T & count for stats *Legal Documents: - ID’s -DHA-30 -DHA Check for compliance Is DHA- 30 correct? 9. Mark DHA-30 off on MO-file, place a copy on file Error codes 19. Sort into error codes and those with printouts 18. Receive all incoming work in office END 14. Scan documents (T&T) 15. Courier records To Head Office 17. Dispatch to Marriages No Yes Can it be rectified Yes 5. Issue DHA-27 and copy of DHA-30 to client 11. Send to correspondence section 12. Receive enquiry and submit correct details Yes 10.. Verify record for completeness and correctness No 7. Submit all documents to Home Affairs 22. Capture marriage on NPR 20. Archive paper documents on template 13. Capture marriage on NPR and attach printout of F062 to form START No END

8 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 5. Marriage officer conducts marriage. Issue DHA- 27 and copy of DHA-30 to customer 2. Provide legally required documents* together with 2 photographs to marriage officer. 4. Marriage officer completes DHA-30 and takes fingerprints of couple 1. SA citizen wishes to marry a foreigner or a SA not in possession of SA ID 3. Check all documents for correctness and compliance 6. Receive DHA - 27 and COPY OF DHA-30 START 7. Submit all Documents to Office under which He/she resorts 12. MO receives enquiry and rectifies HO Dir PR Post Can. HO Dir PR BMD DO / RO (Back Office) 8. Verify against database for marriage officers 16. Receive marriage registers T & T & count for stats Is DHA- 30 correct ? 9. Mark DHA-30 off on MO-file, place a copy on file 14. Scan documents (T&T) 15. Courier records To Head Office 17. Dispatch to Marriages 11. Send to correspondence section Yes 10.. Verify record for completeness and correctness No 13. Capture marriage on NPR and attach printout of F062 to form 23. Send to correspondence section 21. File bundles in shelf in section Error codes 19. Sort into error codes and those with printouts 18. Receive all incoming work in office END No Yes Can it be rectified Yes 22. Capture marriage on NPR 20. Archive paper documents on template No END

9 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) HO Dir PR Post Can. 16. Receive and scan documents in on T&T Marriage Officer DO / RO (Back Office) Customer 5. Conduct marriage, issue DHA-27 and copy of DHA- 30 to customer 2. Provide legally required documents* together with photographs to marriage officer 4. Complete DHA-30 & takes fingerprints of couple Attach photos to register 8. Mark DHA30 off on MO-file Place 2nd copy on file *Legally required Documents: -DHA-30 / DHA-31 -Passports No Sort Regis- ters HO Dir PR Marriages 1. Two SA citizen not in possession of identity documents or two foreign nationals wishes to marry 3. Check all documents for correctness and compliance 6. Receive DHA -27 and COPY OF DHA Is DHA- 30 correct? 7. Submit all Documents to Office under which He/she resorts 9. Do physical Paper check on registers received 13. MO receives enquiry and rectifies 14. T&T register to Head Office 15 Couriers Documents to Head Office 17. Count for Stats and send To Marriages 19. Template records with “R” and file in shelves 12 Return enquiry to Marriage Officer Yes END START END

10 Highly Confidential Registration of a Customary marriage at District and Regional Offices District or Regional Office – Back Office HO Dir PR BMD Consumer / Customer 5. Complete BI If unable to print a certificate issue BII File 2nd copy of marriage register in office 15. Final control check on registers 8. Receive abridged certificate. Comply with Act 1. Apply to register customary marriage / make appointment 2. Interview couple and representa- tives 3. Verify Documents for compliance with Act 7. Issue abridged certificate 16. Send to template and shelve 12. Forward marriage register to HO via T& T Yes No 6 Capture details of customary marriage on NPR H/O Archiving 10. Receive DHA-41or BI Start End 4. Cannot register and issue Letter to client with reason. Place message on 035 HO Post Receipt 13. Receive customary registers from offices via T & T 14. Count and refer to Marriages All details correct 17 Correspond with local office or applicant 11 Receive letter with non- compliance for registration Yes 18. Receive enquiry and finalise No End

11 Highly Confidential Bottlenecks & Strategies to address bottlenecks NoMain challengesImpactStrategy to address identified bottleneck 1Divorce at magistrate offices not linked to DHA systems (manual process) Delays in registration of divorces/ reliance on divorcee to present docs as this is a responsibility of Justice Department Delayed registration of divorces, Incorrect number of divorces System integration (Department of Home Affairs & Department of Justice and Constitutional Development) 2Unavailability 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 3Clients 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 Media campaign and promotions materials, Standard Operating Procedures developed and frequently asked questions handbook and Stakeholder Forums established 4Unregistered marriages due to apartheid legacy Fraudulent marriages/marriages of convenience Issuance of Inaccurate status on death certificates, division of estates Delays in getting letters of no impediment and/or authentication by other countries, risk of fraud documents, countries without population registers Lokisa Ditokomane project, registration of marriages posthumously, Ministerial declaration as per legislation at various intervals (only for old customary marriages registration) 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

12 Highly Confidential THANK YOU