ACHPR " African Commission on Human and Peoples' Rights Communication 774/2021: Human Hi9hts our Collective Hesooosibttitv Phillip Nkosikhona Simelane (Represented by Advocate Shadrack Tebeile) v The Republic of South Africa Summary of the Facts: 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secre~ariat) re~eived a complain,t:!?1~~;d;[3.Q> ,~ece~~:~~, ~Q2J,~t~f,?mMr: Phillip Nkosikhona Simelane (represeI').t,~8' by 1~dvocate Shadraek Tebeile) (the Complainant) against the Republic of, South Africa (the Respondent State).' 2. The Complainant is ,a 21-year-old male qq~f1~;on5 June 2000 at Klerksdorp Hospital, East Wing, North West Province, ii{the Republic of South Africa, and is currently residing at Ga-Mampuru village, in Limpopo Province, of the Republic of South Africa. ' ' 3. The Complainant avers that although born in South Africa, the Respondent State has refused to issue him a birth certificate and identity documents in contravention of the African Charter, In that regard, the Complainant states that his mother w,~s a natiortal of Swazila;nd (Eswatini) who migrated to South Africa before the Complainant's birth, to look for work in the farms. He submits that he has no relationship or ties with his mother's family as he has never been introduced to them. :,H • 4. > i< The Complainant submits that although the Clinic Card issued at his birth recorded his mime as "Baba Nkosikona P Mamba", this was subsequently corrected, as the surname 'Mamba' was cancelled, and replaced with 'Simelane'. He submits that it is unknown who cancelled the surname 'Mamba' on his Clinic Card. 5. An Organ of the African ~!iA:~~t Unlon \l'g ""'ii<" httPs:/achpr,au,;ntlO (1 a