Page:Fourie v Minister of Home Affairs (SCA).djvu/50

Rh (c) THE IDENTIFICATION ACT

Sections 3, 8(e) and 13 of the Identification Act 68 of 1997 read as follows: ‘3. This Act shall apply to all persons who are South African citizens and persons who are lawfully and permanently resident in the Republic.’ ‘8. There shall in respect of any person referred to in section 3, be included in the population register the following relevant particulars available to the Director-General, namely― ‘13 (1) The Director-General shall as soon as practicable after the receipt by him or her of an application, issue a birth, marriage or death certificate in the prescribed form after the particulars of such birth, marriage or death were included in the register in terms of section 8 of this Act.

(2) Any certificate issued in terms of subsection (1), shall in all courts of law be prima facie evidence of the particulars set forth therein.’

ISSUES ARISING FOR DECISION

In the course of the argument it became clear that the following issues arise for decision in this case: