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The Registrar-General (RG) issued birth certificates to two minor children, early this week, to end their statelessness dilemma, following the intervention of the Zimbabwe Lawyers for Human Rights (ZLHR).
This came after the ZLHR obtained a court order compelling the Registrar-General to issue birth certificates to the two minors.
According to the human rights lawyers, the two minors aged 12 and 10 years had been forced to endure statelessness for more than a decade after the RG, Henry Machiri refused to issue them with birth certificates on the basis that the children’s mother was still legally married to her estranged husband, a man who left for the UK, two decades ago and whose whereabouts were unknown.
The woman engaged in a relationship with another man after her husband’s disappearance, resulting in the birth of the two girls.
When the woman attempted to obtain birth certificates for her two children, the RG’s Office insisted that she should first produce a disclaimer affidavit from her estranged husband disowning the 2 girls and also demanded that their biological father should furnish the RG’s Office with DNA test results confirming the paternity of the children.
Adding onto her dilemma, the woman’s 12-year-old daughter was scheduled to register for her Grade 7 examinations, which will be written later this year and her school had demanded to be furnished with a birth certificate to facilitate her registration.
The woman then engaged (ZLHR), whose lawyers, Jabulani Mhlanga and Prisca Dube, August 2023 petitioned the High Court seeking an order to compel the RG to issue the two minor children with birth certificates arguing that the conduct of the RG was contributing to statelessness and was a denial of access to documentation of deserving people, which contravened provisions of the Constitution, which guarantees the right to identity.
On 21 March, Bulawayo High Court Judge Justice Nokuthula Moyo ordered the RG to register and issue the 12-year-old and 10-year-old children with birth certificates within 7 days.
In her ruling, Justice Moyo castigated the conduct of authorities at the RG’s Office for refusing to register births of children without availing valid reasons, which she said was contrary to the provisions of the Constitution and was contributing to statelessness and was a denial of access to documentation of deserving people.
The Judge criticised the conduct of officials in the RG’s Office for giving themselves powers that are not conferred to them in terms of the law and for placing onerous requirements on parents applying for birth certificates of their children.
Justice Moyo stated that the RG does not have powers to order DNA tests among other requirements to prove paternity and emphasised that it was not the duty of the RG to enquire into and regulate the marital status of the parents applying for birth certificates for their minor children.
The Judge emphasised the importance of the right to a birth certificate and that it is not a right that can just be interfered with and that the RG is mandated to facilitate the process of assisting one to obtain such a critical document.
On Monday 22 April, the RG’s Office issued the two minors with birth certificates thereby ending their lengthy statelessness dilemma.
The issuance of the birth certificates came after Bulawayo Provincial Registrar, Jane Peters, called Mhlanga and Dube inviting the minors’ parents to go to the Bulawayo District Registrar’s Office with all their documents and the court order, to facilitate the processing and issuance of the birth certificates of the minors.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Two "Stateless" Girls Obtain Birth Certificates With Human Rights Lawyers’ Help

The Zimbabwe Lawyers for Human Rights (ZLHR) has obtained a court order compelling the Registrar-General (RG) to issue birth certificates to two minor children, thereby ending their statelessness dilemma.
The mother of the two girls, aged 10 and 12 years respectively, has been struggling for many years to process the birth certificates for her minor children.
The woman’s estranged husband left for the United Kingdom some twenty years ago and his whereabouts are unknown.
She subsequently entered into a relationship with another man and gave birth to the two girls in 2012 and 2014.
When she approached the Bulawayo District Registry to obtain birth certificates for her girls, she was advised by authorities to either produce a disclaimer affidavit from her estranged husband confirming that the children are not his or a divorce decree from the High Court or Deoxyribonucleic Acid (DNA) test results confirming the paternity of the children.
However, she did not have any of the required documents leading to the minors living and remaining as undocumented children.
In a statement, the ZLHR explained how the matter was eventually brought before High Court judge Justice Nokuthula Moyo who recently ordered the RG to register and issue the 10-year-old and 12-year-old children with birth certificates within 7 days. Reads the statement:
<blockquote>
We have ended the statelessness dilemma of 2 minor children by obtaining a court order compelling the Registrar-General (RG) to register their births and issue them with birth certificates within one week.
This came after the RG and his subordinates had refused to do so for several years. The 2 minor children, who are aged 10 and 12 years old, had been undocumented since birth and rendered stateless in the land of their birth for several years after RG Henry Machiri withheld the issuance of their birth certificates by demanding that their mother’s estranged husband, who left for the United Kingdom several years ago and whose whereabouts are unknown, should produce a disclaimer affidavit disowning the 2 girls and also asked their biological father to furnish the RG’s Office with DNA test results confirming the paternity of the children.
According to court documents, the mother, who has been struggling to process the birth certificates for her minor children, was legally married to his estranged husband since January 2004.
Sometime in 2004, the now estranged husband reportedly left Zimbabwe for the United Kingdom with an agreement that the wife would follow him a year later.
But this did not materialise and the 2 have been estranged for 20 years with the minor’s mother not in the know about the current whereabouts of her former husband.
The mother of the minor children subsequently entered into a relationship with another man and gave birth to the two girls in 2012 and 2014 and this is confirmed in the birth confirmation records from Mpilo Central Hospital and United Bulawayo Hospitals, where the 2 girls were born.
Over the years, the minor’s mother unsuccessfully attempted to process the birth certificates for her two children and in her recent attempt, sometime in January 2023, she was advised by authorities at the Bulawayo District Registry, that she must either produce a disclaimer affidavit from her estranged husband confirming that the children are not his or a divorce decree from the High Court or Deoxyribonucleic Acid (DNA) test results confirming the paternity of the children.
However, she did not have any of the required documents leading to the minors living and remaining as undocumented children.
Adding onto her dilemma, her 12-year-old daughter is scheduled to register for her Grade Seven examinations, which will be written later this year and her school has demanded to be furnished with a birth certificate to facilitate her registration.
Through the assistance of her lawyers, Jabulani Mhlanga and Prisca Dube of the Zimbabwe Lawyers for Human Rights, the minors and their parents have now heaved a sigh of relief after High Court Judge Justice Nokuthula Moyo recently ordered the RG to register and issue the 10-year-old and 12-year-old children with birth certificates within 7 days.
In her ruling, Justice Moyo castigated the conduct of authorities at the RG’s Office for refusing to register births of children without availing valid reasons, which she said was contrary to the provisions of the Constitution and was contributing to statelessness and was a denial of access to documentation of deserving people.
The Judge criticised the conduct of officials in the RG’s Office for giving themselves powers that are not conferred to them in terms of the law and for placing onerous requirements on parents applying for birth certificates of their children.
Justice Moyo stated that the RG does not have powers to order DNA tests among other requirements to prove paternity and emphasised that it was not the duty of the RG to enquire into and regulate the marital status of the parents applying for birth certificates for their minor children.
The Judge emphasised the importance of the right to a birth certificate and that it is not a right that can just be interfered with and that the RG is mandated to facilitate the process of assisting one to obtain such a critical document.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Orders Registrar-General To Issue Birth Certificates To Two Children 'Born Out Of Wedlock'

Registrar-General Mr Henry Machiri said more than a million citizens have been issued national documents such as birth certificates, IDs and death during a blitz which started in April and will run until September 30.
In an interview, with <a href="https://www.herald.co.zw/one-million-registered-under-blitz/">The Herald</a>, Machiri said:
<blockquote>
We are happy so far with what we have done. We have registered more than a million people countrywide for birth certificates, IDs and we feel during the month of September, which is the last month of the exercise, more people can still be registered. I’m persuading, encouraging our citizens to come forward and be registered.
If we talk about Matabeleland region, we have children who are brought by omalayitsha (from South Africa) whose parents will be based outside the country and left in the custody of their grandparents. According to the Births and Deaths Registration Act, it is the parents who are supposed to register that child.
But what we have done during this exercise which we started on April 1 and will end on September 30, we have relaxed to say, fine the parents are outside the country and the child is here with grandparents and as long as the grandfather or grandmother knows the particulars that are supposed to be on the form, we are accepting.
</blockquote>
Machiri said President Mnangagwa’s directive to relax the requirements for acquiring the documents has benefited hundreds of people, particularly in the Matabeleland region.
Some of the people who were not documented were victims of the <a href="https://www.pindula.co.zw/Gukurahundi">Gukurahundi massacres</a> of the 1980s who were allegedly afraid of coming forward or had no parents’ identity documents.
Machiri said in cases where two witnesses were required at law to confirm the birth of a child for the obtaining of national documents, they were now accepting a single witness.
He also said the registry department will revisit some communities that were not adequately covered in the exercise.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

More Than A Million People Issued IDs, Birth Certificates During Blitz

South Africa has scrapped travelling requirements for children saying that the development is meant to enhance development.
South African Home Affairs Department Minister, Aaron Motsoaledi, revealed in a statement said that the new policy was in effect since last Friday. He said:
<blockquote>This improvement in our admissions policy builds on the work the department has been doing to contribute to economic growth and investment. 
As of Friday 8 November 2019, foreign children can enter and depart the country without being required to provide birth certificates, consent letters and other supporting documents relating to proof of parentage.</blockquote>
South Africa used to demand that children travelling to that country produce a birth certificate as proof of parentage and an Affidavit from the parent who was not travelling with the child to prove that they had indeed agreed to let the child travel.
The policy which was meant to curb child trafficking that was on the rise saw a number of people travelling with children from Zimbabwe being turned away at ports of entry as they failed to produce the proof of parentage or consent form the other parent.
More: <a href="https://www.sundaynews.co.zw/sa-relaxes-travel-requirements-for-children/">Sunday News</a>

South Africa Scraps Travel Requirements For Children

Home Affairs Minister, Cain Mathema has said that the government has initiated plans to issue important identity documents such as birth certificates, IDs and passports to Zimbabweans living in the diaspora.
The minister told reporters that the development is meant to save diasporans from the burden of travelling back to Zimbabwe to apply for these documents. He said:
<blockquote>My ministry has agreed that an outreach programme by the Central Registry Department should be embarked upon in the near future to provide vital registration documents such as birth certificates, national identity documents to selected countries with our nationals living in the diaspora.
The purpose of the outreach will be to issue birth certificates and national identity documents as well as receiving applications for passports for processing back in Harare.</blockquote>
His remarks come when the Registrar General’s office is struggling to produce passports enough to meet the high demand, a challenge that has seen the backlog accumulating to about 300 000.
Meanwhile, Mathema has also projected that with the arrival of modern passport printers, about 100 000 applicants will get their documents before year-end.
More: <a href="https://www.newzimbabwe.com/zim-diasporas-to-be-issued-with-passports-in-host-countries-govt/">New Zimbabwe</a>

Govt Moves To  Issue Identity Documents To Zimbabweans In Diaspora In Host Countries

Registrar-General Mr Clemence Masango said parents of children born in foreign countries can now apply for birth certificates through Zimbabwe’s embassies.
He said the parents are no longer required to come home to process the documents. Masango said the department had also slashed birth certificate processing fees for such cases from $50 to $2 payable using the multi-currency system for children above the age of six. He said registration for children under six years is free. Said Masango:
<blockquote>The Department received concerns and complaints from our citizens living and working abroad, particularly in South Africa, that the current cost of US$50 for an external birth certificate was too high and beyond the reach of many. This situation had resulted in a significant number of children born especially in South Africa remaining undocumented. These children faced numerous challenges that include failure to be registered in schools and parents that could not afford the fee of $50 ended up claiming, falsely of course, that their children were born in Zimbabwe, thereby affecting both the quality and accuracy of information given during and for the purpose of registration</blockquote>
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<h4>Also Read:</h4>
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<h3 class="entry-title"><a href="https://news.pindula.co.zw/2018/12/11/south-africa-relaxes-travel-requirements-for-children/" rel="bookmark">South Africa Relaxes Travel Requirements For Children</a></h3>
</li>
</ul>
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More: <a href="https://www.chronicle.co.zw/rg-relaxes-birth-certificate-issuance-for-diasporans/">Chronicle</a>

Parents Of Children Born In The Disapora Can Now Apply For Birth Certificates Through Zimbabwe’s Embassies

Government is considering waiving fees on birth certificates and national identity cards issued by the Registrar-General’s Office for the second time in order to cater for potential registrants for the forthcoming harmonised elections.
The waiver is expected to last until the close of the nomination courts before the elections and will be the second time following the 90-day waiver that was implemented by Government in September last year to coincide with the voter registration blitz by the Zimbabwe Electoral Commission (ZEC). Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said his ministry will engage Tobaiwa Mudede’s office over the issue. Said Ziyambi:
<blockquote>We are noticing that we have incidences where we still have people who do not have identity documents and the concern that was raised is that the majority of our people are being required to pay $10 to get the documents for them to register. We are going to engage the Registrar-General’s Office, as well as ZEC, to ensure that our people get the requisite documents for them to register.</blockquote>
More: <a href="https://www.herald.co.zw/govt-considers-waiving-id-fees-again/">Herald</a>

Govt Considers Issuing IDs And Birth Certificates For Free Again

Flexen Siziba (53) from Robert Sinyoka in Bulawayo has failed to get birth certificates for his 11 children. His wife who also did not have a birth certificate or an identity card, died last year and was buried at her rural home in Masvingo. Her family said they could only help him get birth certificates for his children aged between 8 and 24 years if he pays at least $1 800 towards the bride price.
Siziba makes a $1 in three days from selling firewood and uses the money to buy food for three children who are still under his care. Nine of his children have failed to sit for Grade 7 examinations because they do not have birth certificates. Only two of hos children proceeded to Form 4 but have failed to access their results. Two of his daughters aged 24 and 19 are already married with children. 
Siziba appealed to well-wishers to help him raise at least $17 so he can collect birth records for four children which are at Pelandaba Clinic. Trinity (a children’s rights organisation) has helped Siziba access birth records for three of his children who were born at Mpilo Central Hospital.
More: <a href="http://www.chronicle.co.zw/father-of-eleven-children-in-battle-for-birth-certificates/">Chronicle</a>

Man struggles to get birth certificates for 11 children

Home Affairs Minister Ignatius Chombo revealed that some officials from Registrar Generals Tobaiwa Mudede’s office were still making people pay to get national identification cards and birth certificates despite a Government directive to issue them out for free.
Said Chombo:
<blockquote>There are reports that some of the officials from the RG’s Office deployed to rural districts have been frustrating people, this should not happen. We have heard that some make them pay so that they get these particulars. It’s free during the BVR period. We want the process to be flawless and no one should be turned away.</blockquote>
More: <a href="http://www.sundaymail.co.zw/issue-ids-for-free-chombo/">Sunday Mail</a>

Officials from Mudede's office still charging for IDs & birth certificates

Speaking to The Herald, Registrar-General Mr Tobaiwa Mudede yesterday said that Government has given his department authority to issue national identification cards and birth certificates for free until 30 November. He said that starting today, every district in the country’s 10 provinces will issue such documents free of charge.
Said Mudede:
<blockquote>Authority has been granted for the waiver of fees by Treasury today Tuesday 19 September 2017. The waiver is in terms of Section 78(1) of the Public Finance Management Act (Chapter 22:09) and will cover the following; national registration identity documents (initial and replacement, birth certificates (initial and replacement), death certificates (initial and replacement) and citizenship by descent (person born in Zimbabwe one of whose parents is a citizen by birth). It is this authority that we have been waiting for which comes into effect on September 20, 2017 (today) at 7am and ending on November 30, 2017. The Registrar-General’s officers countrywide are accordingly notified.</blockquote>
More: <a href="http://www.herald.co.zw/rg-effects-waiver-on-civil-documents/">Herald</a>

Mudede's offices starts issuing IDs & birth certificates for free

The Registrar general’s Department is still charging money for one to get a national identification card or birth certificate despite the declaration by Home Affairs Minister Ignatius Chombo that the documents will be issued out for free.
The department told The Herald that it is yet to receive instructions from treasury. Said the Registrar General’s department:
<blockquote>The Registrar General’s Office did not and has not yet received written instructions from Treasury to enable it to waive the charges on national identity documents, birth and death certificates. Fees for these registrations are also controlled statutory instruments which are still operational.</blockquote>
More: <a href="http://www.chronicle.co.zw/rgs-office-issues-22-800-national-ids/">Chronicle</a>
<blockquote> </blockquote>

Govt still charging money for IDs & birth certificates despite Chombo's declaration

Speaking to ZBC News, Minister of Homes Affairs, Ignatius Chombo confirmed that the Registrar General’s office will issue identity cards and birth certificates for free for a period of 90 days.
The 90-day window period applies to those who lost their birth certificates and national identity cards as well as those who want to obtain them for the first time. One can either visit the Registrar General’s offices in their respective areas or mobile units set up country wide.
More: <a href="http://www.zbc.co.zw/2017/09/13/govt-issues-ids-birth-certificates-for-free/">ZBC</a>

Govt to issue IDs and birth certificates for free

Registrar-General Mr Tobaiwa Mudede has refuted claims that his department will be introducing mandatory DNA to check for babies’ fathers. The rumour has been circulating on social media after an online publication ran the story.
Said Mudede:
<blockquote>Our business is to issue identity certificates and birth certificates. There is nowhere where we have ever indicated that we were going to conduct DNA tests.
DNA tests are conducted by scientists in laboratories. We do not have laboratories and who am I to force people to conduct DNA tests? Where do I come in? I do not even think about that and have never contemplated on it.
If the parents are not married, they have to come together to apply for the birth certificate and I am not the one who determines who the real father is
The Births and Deaths Registration Act Chapter 5:02 Section 10 makes it compulsory for birth and death registration since June 20 1986. The birth certificate is an important document which confers and confirms citizenship by birth of an individual.</blockquote>
More: <a href="http://www.herald.co.zw/mudede-scoffs-at-dna-test-claims/">Herald</a>

We will not conduct DNA tests for birth certificates: Mudede refutes rumours

Speaking during a meeting with members of the late Chief Masuku’s family in Nzula, Nathisa in Matobo yesterday, Vice President Phelekezela Mphoko said that starting this week Government will start issuing birth certificates to children of Gukurahundi victims as well as building monuments around the mass graves.
Said Mphoko:
<blockquote>As the Government we’ve resolved to bring the issue of Gukurahundi to finality once and for all and starting this week we will roll out the programme of issuing birth certificates to families of the victims of post independence disturbances in the Midlands and Matebeleland region. There are mass graves and we are also considering constructing walled enclosures around monuments bearing names of the victims buried in those cemeteries.</blockquote>
Mphoko also said that those in shallow graves will be exhumed and given proper burials. He also highlighted that government will also issue death certificates to those affected by Gukurahundi.
More: <a href="http://www.chronicle.co.zw/work-on-gukurahundi-mass-grave-memorials-begins/">Chronicle</a>

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