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South Africa Case Law

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Administrative Law [2022] ZAECELLC 26

N.N and Another v Minister of Home Affairs and Another (EL1252/2020)

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.

  • Promotion Of Administrative Justice Act
  • Birth Registration
  • Identity Numbers
  • Permanent Residency
  • Best Interests Of Child
  • Birth-registration
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Administrative Law [2022] ZAECELLC 41

N.N and Another v Minister of Home Affairs and Another (EL1252/2020)

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…

  • Promotion Of Administrative Justice Act
  • Birth Registration
  • Identity Number Assignment
  • Permanent Residency
  • Best Interests Of Child
  • Review Of Administrative Action
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.