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Family And Children [2023] ZAECQBHC 1

U.J.D.J and Another v Minister of Home Affairs and Another (1986/2021)

U.J.D.J and Another v Minister of Home Affairs and Another (1986/2021) [2023] ZAECQBHC 1; 2023 (4) SA 279 (ECGq) (10 January 2023)

The court found that Regulation 12(2)(c) of the Births and Deaths Registration Act is unconstitutional and invalid to the extent that it discriminates against children whose unmarried fathers are not legally present in South Africa. The regulation irrationally links the father's legal status to the child's right to have his parentage recorded, which unjustifiably infringes the child's constitutional rights to dignity, equality, and identity. The court held that the issue was neither moot nor not ripe, as the respondents' concession did not address the underlying constitutional defect, and sim…

  • Birth Certificate Amendment
  • Unlawful Discrimination
  • Best Interests Of Child
  • Regulation 12 2 C Constitutionality
  • Children S Act
  • Separation Of Powers
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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.