V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025)

V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025)

The court held that section 11(5) of the Births and Deaths Registration Act allows a father to apply for a declaratory order confirming paternity and dispensing with the mother's consent for amendment of a child's birth certificate. Where paternity is undisputed and confirmed by the high court, the order stands as conclusive proof, and the Department of Home Affairs must register the father's particulars without requiring DNA testing. The Respondents' insistence on DNA testing is not supported by the statute or its purpose, and is inconsistent with constitutional values, especially the best interests and dignity of the children. The court refused summary judgment against the Third...

Citation
[2025] ZAWCHC 219
Parties
Applicant: V[...] K[...]; Applicant: S[...] M[...]; Respondent: Minister of Home Affairs; Respondent: Director-General of the Department of Home Affairs; Respondent: VFS Global South Africa
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
26 May 2025
Case Number
21886/2023
Procedural Posture
Family Application / Final Judgment After Hearing on Merits
Outcome
Application granted in part; summary judgment dismissed; declaratory relief under section 11(5) granted; exemption under PAJA dismissed; interim interdict extended; costs awarded for disbursements only.
Judges
Moosa AJ
Legal Topics
Births and Deaths Registration Act, Declaratory Relief, Paternity Registration, Dna Testing Requirement, Best Interests of Child, Just Administrative Action
Family and Children Administrative Law Births and Deaths Registration Act Declaratory Relief Paternity Registration Dna Testing Requirement Best Interests of Child Just Administrative Action

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Parties

V[...] K[...]

Applicant

S[...] M[...]

Applicant

Minister of Home Affairs

Respondent

Director-General of the Department of Home Affairs

Respondent

VFS Global South Africa

Respondent

Procedural Posture

Family Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether summary judgment can be granted against the Third Respondent for repayment of application fees.
  2. 2 Whether the Births and Deaths Registration Act 51 of 1992 requires DNA testing for paternity registration under section 11(5).
  3. 3 Whether the First Applicant is entitled to have his particulars recorded on his children's birth certificates without DNA proof.

Ratio Decidendi

The court held that section 11(5) of the Births and Deaths Registration Act allows a father to apply for a declaratory order confirming paternity and dispensing with the mother's consent for amendment of a child's birth certificate. Where paternity is undisputed and confirmed by the high court, the order stands as conclusive proof, and the Department of Home Affairs must register the father's particulars without requiring DNA testing. The Respondents' insistence on DNA testing is not supported by the statute or its purpose, and is inconsistent with constitutional values, especially the best interests and dignity of the children. The court refused summary judgment against the Third...

Court Disposition

Application granted in part; summary judgment dismissed; declaratory relief under section 11(5) granted; exemption under PAJA dismissed; interim interdict extended; costs awarded for disbursements only.

Orders

  • The summary judgment application against the Third Respondent is dismissed with no order as to costs.
  • Any person confirmed by high court order under section 11(5) of the Births and Deaths Registration Act as father of a child born outside marital bonds to a South African mother is entitled to have his particulars recorded on the child's birth certificate without the need for DNA test proof.