THE 4 JUDGMENTS AND THEIR EFFECT ON THE BIRTH AND DEATHS REGISTRATIONS ACT
6. The judgement in Centre for Child Law v The Director-General & Others Case number CA319/ [2020] 4 All
SA 76 (ECG) declared the following:
a. The following regulations are declared unconstitutional, and are amplified by a reading in:
i. Regulation 3(3)(f); 3(3)(i) and 3(5).
ii. Regulation 4(3)(f); 4(3)(i) and 4(5).
iii. Regulation 5(3)(f); 5(3)(i) and 5(5).
iv. Regulation 12(1).
7. The judgement in Centre for Child Law v The Director-General & Others Case number CA319/ [2020] 4 All
SA 76 (ECG) declared the following:
a. Section 10 of the Births and Deaths Registration Act is declared unconstitutional.
b. The words “subject to the provisions of section 10” in section 9(2) of the Act is deleted.
8. The judgement in Centre for Child Law v Director General: Department of Home Affairs and Others [2021]
ZACC 31 declared the following:
a. Section 10 of the Act is unconstitutional and is struck from the Act.
9. The judgement in J & Another v The Minister of Home Affairs (Case no. 1986/2021) declared the following:
a. Regulation 12(2)(c) of the Act is unconstitutional and invalid.
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