N.N and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 26 (20 September 2022)

N.N and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 26 (20 September 2022)

The court found that the applicants' minor children, not being South African citizens or holders of permanent residency permits, are not entitled to birth certificates with unique identity numbers under the relevant legislation. The process requires that the child's birth be registered in the country of citizenship, after which an application for permanent residency may be made. Only upon the granting of permanent residency can an identity number be assigned. The identity number previously issued to the first child was found to be unlawful and contrary to statutory requirements, as the child did not hold permanent residency. The court granted exemption from exhausting internal remedies...

Citation
[2022] ZAECELLC 26
Parties
Applicant: N[....]1 N[....]2; Applicant: G[....]1 O[....] G[....]2 N[....]2; Respondent: Minister of Home Affairs; Respondent: Director-General, Home Affairs
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
20 September 2022
Case Number
EL1252/2020
Procedural Posture
Review Application / Judgment
Outcome
Main application dismissed with costs; counter-application granted, identity number issued to first child declared unlawful and set aside; no costs order in respect of the counter-application.
Judges
N G Beshe
Legal Topics
Promotion of Administrative Justice Act, Birth Registration, Identity Numbers, Permanent Residency, Best Interests of Child
Administrative Law Civil Procedure Family and Children Promotion of Administrative Justice Act Birth Registration Identity Numbers Permanent Residency Best Interests of Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

N[....]1 N[....]2

Applicant

G[....]1 O[....] G[....]2 N[....]2

Applicant

Minister of Home Affairs

Respondent

Director-General, Home Affairs

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' minor child, born in South Africa to Zimbabwean parents, is entitled to a birth certificate with a unique identity number.
  2. 2 Whether the applicants should be exempted from exhausting internal remedies under section 7(2)(c) of PAJA.
  3. 3 Whether the identity number issued to the applicants' first child was lawful and should be reviewed and set aside.

Ratio Decidendi

The court found that the applicants' minor children, not being South African citizens or holders of permanent residency permits, are not entitled to birth certificates with unique identity numbers under the relevant legislation. The process requires that the child's birth be registered in the country of citizenship, after which an application for permanent residency may be made. Only upon the granting of permanent residency can an identity number be assigned. The identity number previously issued to the first child was found to be unlawful and contrary to statutory requirements, as the child did not hold permanent residency. The court granted exemption from exhausting internal remedies...

Court Disposition

Main application dismissed with costs; counter-application granted, identity number issued to first child declared unlawful and set aside; no costs order in respect of the counter-application.

Orders

  • The main application is dismissed with costs.
  • It is declared that the identity number issued to N[....]3 E[....] N[....]2 on 7 June 2014 was issued unlawfully.