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South Africa Judgment

South Gauteng High Court, Johannesburg

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

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Source document

01

Holding and result

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.
  • The Applicant's parental rights and responsibilities are confirmed as per Section 21 of the Children’s Act.

02

Material facts

Parties

Mamatsheu Gerrison Lebea

Applicant Counsel: Adv M Rourke

Lucky Portia Seromo

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Final Order After Opposed Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
The Applicant seeks an order to change the minor child's surname and amend the birth registration. He denies that he and the Respondent were married under Customary Law and denies paying lebola in full, but admits to paying damages for the minor child. He maintains that his parental rights and responsibilities are not in dispute and that he meets the requirements of Section 21 of the Children’s Act.
Respondent
The Respondent does not oppose the relief sought but expresses dissatisfaction with certain statements in the Applicant's founding affidavit, particularly regarding the payment of lebola. She contends that some statements are untruthful and is specifically unhappy with paragraph 4 of the draft order, which addresses the payment of lebola.

05

Court’s reasoning

  1. 01

    Children’s Act 38 of 2005, Section 21

    The requirements of Section 21 of the Children’s Act must be met for a parent to obtain parental rights and responsibilities and the relief sought.

  2. 02

    Court's reasoning in this judgment

    The payment of lebola is not relevant to the relief sought regarding the change of the minor child's surname and amendment of birth registration.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The court ensured that the Respondent understood all paragraphs of the draft order, confirming her comprehension despite her continued dissatisfaction with paragraph 4.
  • The matter was stood down and rolled over to allow the parties to address concerns and adapt the draft order, demonstrating the court's commitment to procedural fairness.

Court disposition

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

  • 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.
  • The Applicant's parental rights and responsibilities are confirmed as per Section 21 of the Children’s Act.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2025] ZAGPJHC 766

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

Case Number: 2025-030885

(1) REPORTABLE: YES / NO

(2) OF INTEREST TO OTHER JUDGES: YES/NO

(3) REVISED: YES/NO

In the matter between:

MAMATSHEU GERRISON

LEBEA

Applicant

and

LUCKY PORTIA

SEROMO

Respondent

JUDGMENT

Nieuwoudt, AJ

[1] The matter was initially called on 5 August 2025 with Adv Rourke appearing for the Applicant and the Respondent in person.

[2] From my discussion with the Applicant’s counsel and the Respondent it was clear that the relief sought was not opposed by the Respondent, but the Respondent has some concerns about some statements made by the Applicant in his founding affidavit which she was of the opinion were not truthful.

[3] I asked Adv Rourke to discuss with the Respondent the proposed draft order and adapt it to address her concerns. The court then stood the matter down to 7 August 2025 at 14h00 for the draft order to be made an order of court.

[4] When the matter was called on the 7th of August 2025 the court was informed that the Respondent was not satisfied with the draft order and more specifically paragraphs 4, 7, 8 and 9. The court then rolled the matter over to 8 August 2025 to be heard virtually.

[5] On the 8th of August 2025 Adv Rourke and the Respondent in person appeared again. The court specifically requested the Respondent to address the court on paragraph 4 of the draft order which she was still not happy with. In short, her discontent is with the fact that the Applicant is denying paying the lebola in full. He admits to paying the damages for the minor child in question but denies paying the lebola in full.

[6] Adv Rourke submitted that the Applicant is not willing to admit to that as he denies that the Respondent and him were married in terms of Customary Law. He is therefore not willing to admit to paying lebola in full.

[7] The Court agreed with Adv Rourke that the full payment of lebola or not is not relevant for the matter before court, i.e. the changing of the minor child’s surname and amending the birth registration of the minor child.

[8] Although the Applicant’s parental rights and responsibilities are not in dispute, I am satisfied that he meets the requirements of Section 21 of the Children’s Act, Act 38 of 2005 read with Section 26 of the Children's Act which does form part of this application and that the Court can give the relief sought by the Applicant.

[9] I note the Respondent’s dissatisfaction with paragraph 4 of the draft order, but I am not convinced that her dissatisfaction prohibits me from making the order sought by the Applicant.

[10] The Court also discussed the other paragraphs with her to ensure that she understands them. She confirms that she does but re-iterated her dissatisfaction with paragraph 4.

I therefore make an order in terms of the draft order uploaded to Caselines 013: 4-6

NIEUWOUDT, E

ACTING JUDGE OF THE HIGH COURT

GAUTENG DIVISION, JOHANNESBURG

Date of Hearing:

5 August 2025

Date of Judgment:

8 August 2025

Appearances:

For the Applicant:

Adv M Rourke

Instructed by:

Cavanagh & Richards Attorneys

For the Respondent:

The Respondent in person

Instructed by:

n/a

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children’s Act 38 of 2005, Section 21

Legislation

Legislation referenced in the available case record.

Children’s Act 38 of 2005, Section 26

Legislation

Legislation referenced in the available case record.

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