time for birth registration, and that the 90 days (three months) after birth would
be ample time for the registration of births. Respondents suggested that no
penalty should be charged for delayed registration because currently the
processes of birth registration are not complemented by efficient systems and
procedures.
The Legal Resources Foundation (LRF) believes that the legal framework was
adequate but there appeared to be some problems at implementation level.
According to 65 adult respondents (18%), the current legal framework is
cumbersome. It was said that the Act was burdensome to surviving relatives of
children whose parents are deceased because in Section 11 of BDRA, people
such as the occupier of the house where the birth occurred, a headman, any
major present at birth or any major as prescribed have the responsibility to
register a birth. The relatives need to go through a process before acquiring
guardianship. The Provincial Registrar in Bindura stated that the legal
framework was adequate. On this issue the RG officials contended that the legal
requirements were designed to protect the interests of minors. Some CPS
officials are also of the view that the position of the RG’s office appears to be
that of keeping or registering only bona fide Zimbabwean citizens.
JCT continues to engage a wide range of stakeholders to continually review and
discuss the laws governing birth registration in Zimbabwe as part of their
lobbying and advocacy programme.
4.4 Socio-economic factors affecting Birth Registration
Due to economic difficulties often people can not afford to travel with several
witnesses. Sometimes non-payment of maternity fees leads mothers to leaving
hospitals without being issued birth notification records. It was said that to
compound this economic challenge, it was said that clinics demanded a search
fee for a birth record and then the proper fee is required for the issuance of the
birth record document. However, this allegation could not be ascertained during
the research.
A major socio-economic issue noted during the research related to the
sponsorship of witnesses to the registration centres by way of paying for their
bus fares, accommodation and food. Most respondents argued that it was very
expensive for them to travel to registration centres with two witnesses, in
situations where relatives wanted to assist some minors to obtain birth
certificates.
4.5 Social and cultural factors affecting Birth Registration
The Guardianship of Minors Act [5:08] makes the father the natural guardian of
a child and the mother the natural custodian, unless an application is made in
court and granted. In Section 12 of the BDRA, mothers can register their
children on their own using their maiden surnames. However, some were
reluctant to do this in fear of possible cultural and traditional repercussions in
Birth Registration Research Report/2007
36
Select target paragraph3
Add to table of contents