Wile and Another v MEC for the Department of Home Affairs, Gauteng and Others (21150/2014) [2016] ZAWCHC 80; [2016] 3 All SA 945 (WCC); 2017 (1) SA 125 (WCC) (24 June 2016)

Wile and Another v MEC for the Department of Home Affairs, Gauteng and Others (21150/2014) [2016] ZAWCHC 80; [2016] 3 All SA 945 (WCC); 2017 (1) SA 125 (WCC) (24 June 2016)

The court held that the provisional sentence procedure was inappropriate for the relief sought, but since all parties had engaged with the merits and the matter had been fully ventilated, it was treated as an application. The requirements for recognition of a foreign judgment were satisfied: the German court had jurisdiction, the order was final, and the proceedings complied with natural justice. The relief sought was limited to recognition of the German court's order only to the extent that it authorised the first plaintiff to assume the surname 'Morche' and the forename 'Merseram'. The court found that section 26(2) of the Births and Deaths Registration Act did not prescribe a closed...

Citation
[2016] ZAWCHC 80
Parties
Plaintiff: Ingrid Eleanora Wile; Plaintiff: Margerita Josefa Morche (born Kampling); Defendant: MEC for the Department of Home Affairs, Gauteng; Defendant: National Minister/Director General of the Department of Home Affairs; Defendant: National Minister/Director General of Social Development
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
21150/2014
Procedural Posture
Civil Application / Judgment After Opposed Application
Outcome
Application granted. The German court's order is recognised to the extent that the first plaintiff may assume the surname 'Morche' and the forename 'Merseram'. Costs awarded against the second and third defendants, jointly and severally.
Judges
Bozalek
Legal Topics
Recognition of Foreign Judgments, Adult Adoption, Change of Name, Births and Deaths Registration Act, Public Policy Exception
Civil Procedure Family and Children Recognition of Foreign Judgments Adult Adoption Change of Name Births and Deaths Registration Act Public Policy Exception

Case Brief

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Parties

Ingrid Eleanora Wile

Plaintiff

Margerita Josefa Morche (born Kampling)

Plaintiff

MEC for the Department of Home Affairs, Gauteng

Defendant

National Minister/Director General of the Department of Home Affairs

Defendant

National Minister/Director General of Social Development

Defendant

Procedural Posture

Civil Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the Western Cape High Court should recognise a German court order permitting an adult adoption and change of name for the first plaintiff.
  2. 2 Whether the provisional sentence procedure was appropriate for the relief sought.
  3. 3 Whether the recognition of the German court's order would contravene South African public policy or statutory provisions, specifically the Births and Deaths Registration Act and its regulations.

Ratio Decidendi

The court held that the provisional sentence procedure was inappropriate for the relief sought, but since all parties had engaged with the merits and the matter had been fully ventilated, it was treated as an application. The requirements for recognition of a foreign judgment were satisfied: the German court had jurisdiction, the order was final, and the proceedings complied with natural justice. The relief sought was limited to recognition of the German court's order only to the extent that it authorised the first plaintiff to assume the surname 'Morche' and the forename 'Merseram'. The court found that section 26(2) of the Births and Deaths Registration Act did not prescribe a closed...

Court Disposition

Application granted. The German court's order is recognised to the extent that the first plaintiff may assume the surname 'Morche' and the forename 'Merseram'. Costs awarded against the second and third defendants, jointly and severally.

Orders

  • The order granted by the Local Court of Freiburg im Breisgau, Family Court, on 16 October 2013 (as corrected on 21 November 2013), to the extent that it provides that the first plaintiff shall henceforth bear the family name 'Morche' and is given the additional forename 'Merseram', is recognised.
  • The first plaintiff is authorised to utilise the German court's order in support of applications for name changes in terms of sections 24 and 26 of the Births and Deaths Registration Act, 51 of 1992.