In a pivotal court case, the UCT Children's Institute challenges Home Affairs over delays in late birth registrations, asserting that undocumented children face severe rights violations.

On Wednesday, 10 June, the UCT Children's Institute and a group of South African parents, represented by the Legal Resources Centre, were in the Western Cape High Court fighting for a structural interdict that would compel the Department of Home Affairs to develop a comprehensive, transparent plan to address the late registration of birth applications backlog.

At the hearing, presided over by Judge Ncumisa Mayosi, the legal team representing the Children's Institute argued that there were systemic problems at Home Affairs contributing to a large and growing backlog of undecided late registration of birth applications, which are requests for birth certificates lodged more than 30 days after a child's birth.

According to the institute, yearslong delays in accessing birth registration due to the backlog were a massive violation of children's constitutional rights. Without a birth certificate, young people were denied recognition of their existence and identity, and locked out of accessing other rights such as basic education and further education, social services, healthcare and social security.

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"We are dealing with the most vulnerable people in our society: unrecognised children," said advocate Daniel Linde, representing the Children's Institute and other applicants.

The Department of Home Affairs has denied that...