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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 101/20 In the matter between: CENTRE FOR CHILD LAW Applicant and DIRECTOR-GENERAL: DEPARTMENT OF HOME AFFAIRS MINISTER OF HOME AFFAIRS First Respondent Second Respondent MENZILE LAWRENCE NAKI Third Respondent DIMITRILA MARIE NDOVYA Fourth Respondent Neutral citation: Centre for Child Law v Director General: Department of Home Affairs and Others [2021] ZACC 31 Coram: Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, Tshiqi J and Victor AJ Judgments: Victor AJ (majority): [1] to [89] Mogoeng CJ (dissenting): [90] to [145] Heard on: 1 September 2020 Decided on: 22 September 2021 Summary: Births and Deaths Registration Act 51 of 1992 — constitutionality of section 10 — section is unconstitutional

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Centre for Child Law v Director General: Department of Home Affairs and Others

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Author: Constitutional Court of South Africa

Document number: Case CCT 101/20

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Description: This judgment confirmed the order of constitutional invalidity made by the Full Court. It found that section 10 of the Births and Deaths Registration Act does limit the ability of an unmarried father to confer his surname on his child. Applying the test laid out in Harksen v Lane N.O. it found that there is no justification for differentiating between married and unmarried fathers in relation to conferring a surname on a child and accordingly, section 10 is unconstitutional, invalid and amounts to unfair discrimination on the listed grounds of marital status, sex and gender, which is prohibited by section 9(3) of the Constitution. It also held that section 10 of the Act impairs the dignity of both unmarried fathers, whose bonds with their children are deemed less worthy, and the children of unmarried parents.

Type of resource

Legal instruments / Jurisprudence

Source

Other

Region

Africa

Country

South Africa

Theme

Children
Discrimination
Legal / Digital Identity

Date published: Sep 22, 2021

Source URL: Direct Link

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Centre for Child Law.pdf
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Centre for Child Law v Director General: Department of Home Affairs and Others

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