10/06/2026
HSF is looking forward to the proceedings as amicus curiae. Read our submissions here: https://hsf.org.za/publications/cases/childrens-rights
Standing Up for Invisible Children
Tomorrow, 10 June, we will appear in the Western Cape High Court against the Department of Home Affairs in the Late Registration of Birth Backlog case.
Together with the Children’s Institute, we will represent children and families who have spent years trying to secure something many South Africans receive shortly after birth: official recognition. These are families who have spent years trying to secure a future for their children. The families who have done everything asked of them, and yet remain trapped in a system that has left them waiting.
Their stories are not unique. They are among more than a quarter of a million children whose birth registration applications remain stuck in a growing backlog. Behind every application is a child seeking to be recognised, a family seeking certainty, and a future placed on hold.
Without a birth certificate, children can face barriers to accessing healthcare, education, social grants and other essential services. While birth registration should happen as early as possible, there are many valid reasons why some children are not registered within 30 days. When that happens, the system must work efficiently and fairly. Instead, many children and their caregivers are left waiting for years without answers.
We are asking the Court to ensure that Home Affairs' late registration of birth services are reasonable, efficient and constitutional, so that no child is left invisible to the systems meant to protect them.
Children's Institute, University of Cape Town