The following question is part of Groundup's Answers to your questions series.
I have been told that I cannot write my matric without an ID, but Home Affairs won't issue me one.
The short answer
It is unconstitutional to be prevented from writing your matric without an ID or other documentation. Your father can make an affidavit to help with your ID application.
The whole question
I use my mother's surname, but I lost contact with her long ago. I want to apply for an ID because I have been told that I need one to write my matric, but Home Affairs says that I need to apply with someone who shares my surname.
I live with my father, but we don't have the same surname. I tried to locate my mother, but she was nowhere to be found.
The long answer
There are two separate issues here: getting the Smartcard ID from Home Affairs and whether your school can exclude you from writing matric if you don't have the ID card.
Let's deal with getting the Smartcard ID first: If your birth was registered, you would have been issued a birth certificate where your name and ID number and place of birth would be recorded.
If you had an unabridged birth certificate, both your parents' names, ID numbers, places of birth and country of origin would be recorded.
An abridged or shortened birth certificate would normally have only the mother and child's details but would still have your ID number, which would be vital in getting your Smartcard ID.
If your birth was not registered and you don't have a birth certificate or an ID number, you would need to fill out the following forms in black ink at Home Affairs to register the birth: DHA-24, DHA-24/A x 2 and DHA-288.
You could only apply for the ID by filling out DHA Form B1-9. If you do have an ID, Home Affairs says that for first time issuing of smart ID cards to the youth of 16 years and older, you need to bring: Birth certificate; Certified copy of one of the parents' ID documents; Proof of address.
Your father could also make a sworn affidavit that he is your father, although you are using your mother's surname, and that neither he nor you have been able to trace your mother to ask her to assist you in getting the smart ID card.
If Home Affairs still rejects this, you could contact one of the following organisations for help: Scalabrini Centre (Cape Town): Email: firstname.lastname@example.org Tel: 021 465 6433
Legal Resources Centre: Email: email@example.com Tel: Cape Town: 021 481 3000 Tel: Johannesburg: 011 836 9831
Lawyers for Human Rights: Email: firstname.lastname@example.org Tel: Cape Town: 021 424 8561 Tel Johannesburg Office and law clinic: 011 339 1960
Turning to the second problem of not being able to write matric without having an ID card: In 2019, Judge Selby Mbenenge in the Makhanda High Court interdicted the Eastern Cape Department of Education from excluding or removing any child, even illegal foreign children, simply because the child did not have an ID, a birth certificate or other documentation.
The court was told that there were almost a million undocumented learners, of whom 87% were South African, whose parents had been unable, for various reasons, to obtain documentation from Home Affairs.
Judge Mbenenge said the Constitution protected the right of all children to basic education and that no child should be excluded from education. Where a pupil could not provide a birth certificate, the court-ordered school principals to accept alternate proofs of identity such as an affidavit or sworn statement by the parent, caregiver or guardian. This meant that in 2019 more than 13,000 undocumented students were able to write their matric.
So, you should not be excluded from writing your matric because of not having an ID card, but it may be that your school does not know that the 2019 court judgment had changed the law.
Under Clause 15 of the Admission Policy for Ordinary Public Schools of 1998, the law used to be that if a child couldn't produce their birth certificate within a year, they could be excluded from school and from writing matric.
The judge found Clause 15 unconstitutional. If your school refuses to accept you, you could ask the same organisations mentioned above for help.
Wishing you the best,
This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Read the original on GroundUp here.
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