The short answer
He would likely need legal assistance – supplying false information on an identity card could lead to a fine or even imprisonment.
The whole question
Dear Athalie
I am writing on behalf of my partner. When he was born, his mother had already registered another child, who is not hers, in her name earlier that same year. As a result, Home Affairs refused to register his birth, leaving him without a birth certificate or ID while growing up. Despite this, he managed to complete matric, but could not obtain an ID legitimately at the time.
Out of desperation, he later arranged for a relative to assist him in obtaining an ID by misrepresenting details, including his birth year. While he now has an ID, it does not match his matric certificate, making it impossible for him to further his studies or move forward with his life.
Although he acknowledges that mistakes were made, both by his mother initially and by himself later. He is desperate to correct the situation and obtain proper documents.
Could you please advise on what steps he should take to rectify these issues at Home Affairs?
The long answer
This is a very tangled web, and a truly difficult situation to remedy: your partner’s mother gave false information, followed by your partner and his relative when apply for his ID.
As you say, your partner was desperate about his future, and of course it was not his fault that his mother gave false information to get her sister’s child a birth certificate, but any giving of false information is a serious crime which can be punished by fines or by imprisonment.
The Identification Act 68 of 1997 Act was introduced to compile and maintain a population register. The National Identification Registration Bill was published in the Government Gazette on 18 April 2023, and updates the provision of IDs etc.
In Chapter 6, Offences and Punishment are set out. I have included only the offences relevant to your partner and his relatives:
26. 1: Any person who,
(a) for the purposes of this Act, makes or causes to be made, any false statement
(g) states or makes a representation that any incorrect particulars in an identity card, a certificate or a temporary identity certificate are correct;
(i) possesses any identity card or any part thereof, a certificate or temporary identity certificate which has been imitated, altered, defaced or mutilated or any particulars of which are incorrect,
is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
The law also requires a person to return an ID with false information to the Director-General of Home Affairs.
So, what can your partner do now?
I think he could start by setting out the whole story in writing, with absolute honesty, and include names, dates, etc – his mother’s part in it, his own failed attempts to get an ID from Home Affairs, and his desperate action in asking another relative to represent herself as his mother. He should take this statement to one of the following legal organisations, which have had a great deal of experience with Home Affairs, and ask for their advice and help:
Email: info@lhr.org.za
Musina: 015 534 2203
Durban: 031 301 0531
Pretoria: 012 320 2943
Johannesburg: 011 339 1960
Cape Town: 021 424 8561
Email: info@lrc.org.za
Johannesburg: 011 836 9831
Cape Town: 021 481 3000
He could also contact the Black Sash, which gives free paralegal advice. These are their contact details:
Tel (national office): 021 686 6952
Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865
Email: help@blacksash.org.za or info@blacksash.org.za
Wishing you the best,
Athalie
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Answered on Oct. 2, 2025, 1:06 p.m.
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