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South Africa decisions
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Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)
The High Court granted an order changing a minor child’s surname and amending the birth registration, holding that lebola payment disputes were irrelevant to the relief sought.
M.M.E and Others v Director General, Department of Home Affairs and Another (21970/2021) [2025] ZAGPPHC 202 (12 March 2025)
The High Court held that a child born in South Africa to refugee parents, with no other nationality, is a South African citizen by birth under section 2(2).
De Saude Sadat Darbandi Immigration Attorneys Incorporated and Others v Acting Provincial Manager, Western Cape Department of Home Affairs and Others (17216/2023) [2025] ZAWCHC 83 (3 March 2025)
The court found that the Department of Home Affairs officials in Cape Town are not authorised by statute or regulation to refuse to accept applications for citizenship or birth registration on the basis of perceived non-compliance. Their role is limited to screening and advising applicants, not making final determinations or rejecting applications. The refusal to accept applications amounts to unlawful gatekeeping, depriving applicants of procedural fairness and access to adjudication, and is ultra vires the Citizenship Act and Births and Deaths Registration Act. The court held that such cond…
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Muzore and Another v Minister of Home Affairs and Another (4013/2021) [2023] ZALMPPHC 81 (1 September 2023)
The court found that the applicants and their minor children are Zimbabwean citizens and have not renounced their citizenship. The children do not qualify for South African citizenship by birth under section 2(2)(a) and (b) of the Citizenship Act because they have the right to Zimbabwean citizenship by virtue of their parents' nationality. The applicants failed to provide evidence of permanent residence or valid work permits, and did not submit a family advocate or social worker report regarding the children's best interests. The court held that the administrative decision not to register the…
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Munyai and Another v Director General of Home Affairs and Another [2023] ZAGPPHC 267; 2024 (2) SA 635 (GP) (6 April 2023)
The High Court ordered Home Affairs to register a child’s birth and father’s details without insisting on a paternity test, finding the demand unjustified and harmful to the child.
N.N and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 26 (20 September 2022)
The High Court dismissed a bid to compel an identity number for a child born in South Africa to Zimbabwean parents, and set aside an unlawfully issued identity number for the eldest child.
N.N and Another v Minister of Home Affairs and Another (EL1252/2020) [2022] ZAECELLC 41 (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. The process requires registration of birth in the country of citizenship and subsequent application for permanent residency before an identity number can be assigned. The exemption from exhausting internal remedies was granted due to the best interests of the child. The identity number previously issued to the first child was found to have been issued unlawfully, as the child did not hold permanent…
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Centre for Child Law v Director General: Department of Home Affairs and Others (CCT 101/20) [2021] ZACC 31; 2022 (2) SA 131 (CC); 2022 (4) BCLR 478 (CC) (22 September 2021)
Section 10 of the Births and Deaths Registration Act creates a bifurcated procedure for birth registration that unfairly discriminates against unmarried fathers and children born out of wedlock. The section restricts the ability of unmarried fathers to register their child's birth under their surname without the mother's consent or presence, thereby infringing the constitutional rights to equality, dignity, and the best interests of the child. The Court found no legitimate government purpose for this discrimination, and the respondents themselves conceded the lack of justification. The retent…
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EJ and Others v Haupt NO (63756/2020) [2021] ZAGPPHC 556; 2022 (1) SA 514 (GP) (11 August 2021)
The court held that section 40 of the Children’s Act must be interpreted to include spouses in a civil union, in line with the constitutional imperative to avoid discrimination and promote equality. The use of the word 'spouse' in section 40(1) demonstrates legislative intent to include same-sex couples, and the exclusionary wording in section 40(3)(b) is limited to the context of a male gamete donor. The court found that both applicants, as spouses in a civil union, automatically acquire full parental rights and responsibilities in respect of the minor child born via artificial insemination,…
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Centre for Child Law v Director- General:Department of Home Affairs and Others (CA 319/2018) [2020] ZAECGHC 43; 2020 (8) BCLR 1015 (ECG); [2020] 4 All SA 76 (ECG); 2020 (6) SA 199 (ECG) (19 May 2020)
The court held that section 10 of the Births and Deaths Registration Act unconstitutionally barred unmarried fathers from registering a child's birth under the father's surname without the mother.
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