South Africa Case Law

M.M obo O.M and Z.M v Director General: The Department of Home Affairs and Another (079602/24)

M.M obo O.M and Z.M v Director General: The Department of Home Affairs and Another (079602/24) [2024] ZAGPPHC 1068 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

079602/24

Judge

GN Moshoana

The applicants failed to establish a clear right to be allowed to apply for birth registration, as they did not allege or prove that they completed the prescribed forms required by statute. The Department of Home Affairs does not have a statutory duty to allow parties to apply; such a duty only arises once a proper application is deposited. The relief sought is ineffective, as the law already allows parties to give notice of birth on the prescribed form. The applications are vague, lack evidence of official misconduct, and constitute an abuse of legal process. The Thusi judgment is distinguis…

Source excerpt

• Mandamus
• Registration Of Birth
• Statutory Duty
• Abuse Of Process

K.L.E and Others v Department of Social Development and Others

K.L.E and Others v Department of Social Development and Others [2023] ZAGPJHC 301 (22 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/047918

Judge

S C Mia

An urgent application by foreign-based half-siblings for parental rights and removal of minor children was struck from the urgent roll and referred for statutory consideration.

• Parental Responsibilities And Rights
• Intercountry Adoption
• Children S Act
• Urgent Application
• Registration Of Birth
• Best Interests Of Child