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Births and Deaths Registration Amendment Bill [B18-2010]: deliberations & voting

Date of Meeting: 
7 Sep 2010
Chairperson: 
Mr B Martins (ANC)
Summary: 

The Committee voted on the Births and Deaths Registration Amendment Bill, making one amendment. The Department of Home Affairs elaborated on points made the previous day regarding Clause 8, amending Section 22A of the Births and Deaths Registration Act. This amendment would grant powers to funeral undertakers to issue death certificates and report the death of an individual. This would not take away the right of family members to report the death of a relative but would merely give that right to funeral undertakers. During deliberations, Members asked about the costing for the online fingerprint verification system.

Minutes: 

Consideration and Voting on the Births and Deaths Registration Amendment Bill
Adv Deon Erasmus, Chief Director of Legal Services: Department of Home Affairs, said that since the particulars of the Bill had been discussed in the meeting held the previous day, the Committee could proceed to vote on it clause by clause.

Members approved Clauses 1 to 21 without amendments, except Clause 8 which was to have an amendment. 

Adv Erasmus explained the amendment to Clause 8, amending Section 22A of the Births and Deaths Registration Act. This amendment would grant powers to funeral undertakers to issue death certificates and report the death of an individual. This would not take away the right of family members to report the death of a relative but would merely give that right to funeral undertakers.

Members approved Clause 8 with amendments. 

The Chairperson asked about cost implications for biometric capturing with a view to the fingerprint .

Mr Tsietsi Sebelemetja, Director: Legal Services, Department of Home Affairs, said that the costing would be extensively addressed once the decision had been taken by the Department on what age to institute capturing of fingerprint and biometric information for children. He reiterated a point made the previous day about the registration of a child who came from a family which had separated or had estranged parents. The Department would register such a child through information provided by either the mother or the father of the child. The only problem area would be the choice of surname in instances where there were disputes in a family, but that that would be resolved according to the particular circumstances around a case.

Mr M Mnqasela (DA) asked why the Department did not register both parents of a child on a South African birth certificate.

Mr Sebelemetja replied that the Department had the function to do so but relied on the information of both parents being provided. If the information of both parents was not provided, the Department could only register the information of the parent present at registration.

Mr Monwabisi Nguqu, Senior State Law Adviser, mentioned that the financial implications needed to be contained in the Bill, although it was not yet being instituted, to ensure the Members were fully aware of the implications of all provisions in the Bill.

The meeting was adjourned.