a) • • • • • • • The occupier of the house in which the birth or still birth occurs if he/she is aware of the birth b) The person in charge of any hospital or other institutions in which the birth occurred. c) Headman for the community in which the birth occurs where he has knowledge of the birth d) Any major who is present at the birth. e) Any major who has the charge of the child f) Any major as prescribed Section 12 (1) provides that “notwithstanding Section 11, no person shall be required to give information acknowledging himself to be father of a child out of wedlock". In terms of Section 13 (1) the RG may be given notice of birth that will have occurred outside Zimbabwe by any responsible person mentioned in Section 11, subsection (1). In Section 19 (1) the BDRA enables the re-registration of a person born out of wedlock upon presentation of evidence that this person should be regarded as having been born in wedlock. Section 24 gives the RG and the Registrars power to make enquiries on information of birth, stillbirth is supplied by a person giving such notice Section 25(1) reads as follows "no birth, stillbirth or death which occurs after the 20th June 1986 shall be registered after the expiry of twelve months from the date of such birth, stillbirth or death except with the written authority of the registrar general" Section 11 provides that the registration has to be done within 42 days of the birth. The liability for registration is with the parents of the child. Section 12 provides for registration of children born out of wedlock and the father of the child is dead, upon joint request of the child’s mother and a relative of the father. Comment The BDRA is fraught with a number of provisions and omissions that make it a less comprehensive legislation. The following are some of the gaps in the Act: • The Act does not make it a right for a child to be registered at birth. • The Act does not take into consideration the provisions of the international instruments enacted after 1986. • Provisions in the Act are not complimented by effective implementation mechanisms. • The requirements for a guardian, a parent or a witness does not take into consideration the socio-economic realities on the ground, such as that some children are double orphans and that they may not have guardians. Moreso, few people who are non-relatives would want to be burdened with registering such children. Birth Registration Research Report/2007 22