The short answer
Yes you can. Home Affairs will recognise that you have a right to represent your sister in the absence of any parent or guardian.
The whole question
Dear Athalie
In 2020, my mother left me with my younger sister and has not returned since. She took my sister’s birth certificate with her. My sister is now in matric and needs the document to write her preliminary exams. Am I allowed to apply for a reprint of her birth certificate using my ID?
The long answer
If no one else was appointed to look after your sister when your mother left in 2020, you have been in the place of a guardian to your sister, and so you should be able to apply for a copy of her birth certificate, using your own ID and birth certificate to prove your relationship to her.
Section 28 of the Bill of Rights in the Constitution says that “every child has the right to a name and a nationality from birth”.
The Children’s Act 38 of 2005 says that
The best interests of the child are of paramount importance in every matter concerning the child.
The personal relationship between the child and any other caregiver or person relevant in those circumstances must be considered.
That person must assist and represent the child in any administrative or contractual affair.
Clearly, it is in the best interests of your sister to receive a copy of her birth certificate and that, in the absence of your mother, you are her closest relative and must assist and represent her.
I think that Home Affairs will recognise that you have a right to represent your sister in the absence of any parent or guardian.
What you should do is to make a sworn affidavit explaining that your mother abandoned you and your sister in 2020, taking your sister’s birth certificate with her. Now your sister needs her birth certificate to write her matric prelims and, as her closest relative, you are applying for a copy of her birth certificate.
You would need to give them a certified copy of your own birth certificate and ID to prove your relationship to your sister.
(If you were applying for a copy of your own birth certificate, you would need to fill in Form BI–154.)
If you do find difficulties in dealing with Home Affairs, the following organisations have had a lot of experience with them and may be able to assist you:
Black Sash
Email: [email protected] and [email protected]
Tel (national office): 021 686 6952
Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865.
Email: [email protected]
Tel: Musina: 015 534 2203
Durban: 031 301 0531
Pretoria: 012 3202943
Johannesburg: 011 339 1960
Cape Town: 021 424 8561
Email: [email protected]
Tel: Johannesburg: 011 836 9831
Cape Town: 021 481 3000.
Wishing you the best,
Athalie
Answered on May 23, 2025, 1:06 p.m.
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