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South Africa decisions
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V.K and Another v Minister of Home Affairs and Others (21886/2023) [2025] ZAWCHC 219 (26 May 2025)
The High Court held that a section 11(5) declaratory order confirming paternity is enough to register a father's particulars on a child's birth certificate, without DNA proof.
J.V.R v Director General of Home Affairs and Others (12111/24) [2025] ZAWCHC 69; [2025] 2 All SA 927 (WCC) (19 February 2025)
High Court costs ruling in a late birth registration case. The court held that delays were largely not attributable to Home Affairs and ordered each party to pay its own costs.
J.J and Others v Minister of Home Affairs and Another (3626/2024) [2024] ZAFSHC 286 (12 September 2024)
The court found that section 26(1)(a)-(c) of the Births and Deaths Registration Act 51 of 1992 and Regulation 18(2)(a) of the Regulations on the Registration of Births and Deaths, 2014, discriminate on the basis of gender by failing to afford male spouses the right to assume the surname of their female spouse upon marriage. This statutory and regulatory framework entrenches patriarchal norms and violates the constitutional right to equality and dignity. The limitation imposed does not meet the rational connection and proportionality tests and is not justifiable under the limitation clause. Th…
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Khoza v Minister of Home Affairs and Another [2023] ZAGPPHC 140; 6700/2022; [2023] 2 All SA 489 (GP) (27 February 2023)
The High Court ordered late registration of birth and declared a South African-born, stateless applicant a citizen by birth, alternatively by naturalisation.
Voice of the Unborn Baby and Another v Minister of Home Affairs and Another (CCT 120/21) [2022] ZACC 20; 2024 (6) BCLR 827 (CC) (15 June 2022)
The Constitutional Court held that BADRA does not prohibit burial of pre-viable foetal remains, so the High Court’s invalidity order was not confirmed.
Ramolebo v Minister of Home Affairs and Another (2015/2018) [2019] ZAFSHC 155 (19 September 2019)
The court held that the applicant is not entitled to a mandatory interdict compelling the Director-General to alter his forename and surname directly, as the discretion to authorise such changes is vested in the Director-General under the Births and Deaths Registration Act. However, the Director-General is obliged to consider the applicant's submissions in accordance with sections 24 and 26 of the Act. The rigid requirements of regulation 18, which purport to limit the grounds for surname changes, are unconstitutional and ultra vires, as established in Wile v MEC, Department of Home Affairs,…
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L v H and Another (2205/2016) [2018] ZAKZDHC 61 (28 November 2018)
The court found that the applicant, as co-holder of full parental rights and responsibilities, had made out a case for the relief sought. The evidence showed prior agreement between the parties regarding the surname change and the inclusion of the applicant's particulars on the birth certificate. The court held that the best interests of the child standard required recognition of both parents and that a double-barrelled surname would not prejudice the child but rather affirm his identity and rights. The court rejected the respondent's jurisdictional argument, finding that in the absence of th…
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F.B and Others v Minister of Home Affairs and Others (11659/2018) [2018] ZAWCHC 153 (12 November 2018)
The Court held that D P B is a South African citizen by birth because both parents were lawfully admitted for permanent residence at the time of his birth, satisfying the requirements of section 2(1)(b) of the pre-amendment Citizenship Act. The negative construction of section 2(2) operates as a disqualification only where one parent lacks permanent residence and the other is not a citizen; this was not the case here. The Court rejected the respondents' argument for retrospective application of the amended provision, finding that such application would unlawfully interfere with vested rights.…
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Luzipho v S (CA&R155/2017) [2018] ZAECGHC 8; 2018 (1) SACR 635 (ECG) (30 January 2018)
The High Court dismissed a criminal appeal, upholding convictions for fraud and related offences involving false births, deaths, and insurance claims.
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 cour…
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