Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)

Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)

The court found that the Applicant met the requirements of Section 21 of the Children’s Act, and that the Respondent's dissatisfaction with statements regarding the payment of lebola did not prevent the granting of the order. The issue of whether lebola was paid in full was deemed irrelevant to the relief sought, which concerned the change of the minor child's surname and amendment of the birth registration. The court was satisfied that the Applicant's parental rights and responsibilities were not in dispute and that the relief sought could be granted.

Citation
[2025] ZAGPJHC 766
Parties
Applicant: Mamatsheu Gerrison Lebea; Respondent: Lucky Portia Seromo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 August 2025
Case Number
2025/030885
Procedural Posture
Urgent Application / Final Order After Opposed Hearing
Outcome
Order granted in terms of the draft order uploaded to Caselines 013: 4-6.
Judges
Nieuwoudt
Legal Topics
Children Act Section 21, Parental Rights and Responsibilities, Change of Child Surname, Customary Law Marriage, Birth Registration
Family and Children Children Act Section 21 Parental Rights and Responsibilities Change of Child Surname Customary Law Marriage Birth Registration

Case Brief

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Parties

Mamatsheu Gerrison Lebea

Applicant

Lucky Portia Seromo

Respondent

Procedural Posture

Urgent Application / Final Order After Opposed Hearing

Legal Issues

  1. 1 Whether the Applicant meets the requirements of Section 21 of the Children’s Act to obtain the relief sought.
  2. 2 Whether the Respondent's dissatisfaction with statements in the founding affidavit prevents the granting of the order.
  3. 3 Whether the payment of lebola is relevant to the relief sought regarding the minor child's surname and birth registration.

Ratio Decidendi

The court found that the Applicant met the requirements of Section 21 of the Children’s Act, and that the Respondent's dissatisfaction with statements regarding the payment of lebola did not prevent the granting of the order. The issue of whether lebola was paid in full was deemed irrelevant to the relief sought, which concerned the change of the minor child's surname and amendment of the birth registration. The court was satisfied that the Applicant's parental rights and responsibilities were not in dispute and that the relief sought could be granted.

Court Disposition

Order granted in terms of the draft order uploaded to Caselines 013: 4-6.

Orders

  • The minor child's surname is to be changed as per the draft order.
  • The birth registration of the minor child is to be amended accordingly.