In October 2025, the Helen Suzman Foundation (HSF) was admitted as amicus curiae in the Western Cape High Court matter of Children’s Institute and Others v Minister of Home Affairs (Case No. 2024-148658).
The case is brought by the Children’s Institute and raises two key issues. First, it seeks to facilitate the issuance of birth certificates for the affected applicants. Second, it challenges the Department of Home Affairs’ (DHA) systemic backlog in processing late registration of birth (LRB) applications. The applicants argue that the DHA’s failure to adopt and implement a reasonable plan to address these backlogs is unconstitutional and seek an order directing the Department to remedy the situation.
Evidence before the Court indicates that since at least 2018, the DHA has been unable to finalise all LRB applications received each year, leading to compounding backlogs.
In its submissions, HSF highlights the severe practical consequences of the lack of birth registration, which undermines a child’s access to healthcare, education, and social services. Without a birth certificate, a child’s legal existence is not formally recognised, effectively denying them the ability to realise their fundamental rights.
HSF further emphasises that, as the Constitutional Court held in S v M [2007] ZACC 18 at para 18, “the sins and traumas of fathers and mothers should not be visited upon their children.” This principle must guide the Court in considering the harm suffered by children who are unable to access their constitutional rights due to actions beyond their control.
HSF contends that the failure to register births timeously infringes several constitutional rights, including the rights of children under section 28, and the rights to equality and human dignity under sections 9 and 10 of the Constitution. In addition, it is raised that the Government has obligations under international law to ensure that the best interest of the child principle is upheld and fulfilled.
HSF submits that ensuring every child’s right to legal recognition through timely birth registration is fundamental to upholding South Africa’s constitutional imperative.
