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South Africa Case Law

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Family And Children [2018] ZAKZDHC 61

L v H and Another (2205/2016)

L v H and Another (2205/2016) [2018] ZAKZDHC 61 (28 November 2018)

Court
Kwazulu-Natal High Court, Durban
Case number
2205/2016
Judge
Henriques

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…

Source excerpt

  • Change Of Surname
  • Parental Responsibilities And Rights
  • Best Interests Of Child
  • Births And Deaths Registration Act
  • Unabridged Birth Certificate
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Administrative Law [2014] ZAWCHC 171

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014)

VR v Minister of Home Affairs and Others; InRe: CT and Another v Minister of Home Affairs and Others; InRe: SM and Another v Minister of Home Affairs and Others; InRe: SG and Another v Minister of Home Affairs and Others (10171/2014, 11149/2014, 11148/2014 ,12008/2014) [2014] ZAWCHC 171 (14 November 2014)

Court
Western Cape High Court, Cape Town
Case number
10171/2014, 11149/2014, 11148/2014, 12008/2014
Judge
KM Savage

The Court found that the applicants failed to establish that the Department of Home Affairs had unreasonably delayed issuing unabridged birth certificates for the adopted children. The administrative processes, including necessary checks to prevent child trafficking, were not shown to be inadequate or unduly cumbersome. The Court held that, in the absence of unreasonable delay, declaratory relief under PAJA was not warranted. However, since the Department had agreed to issue the certificates, it was reasonable to order rectification of erroneous details within ten days. Regarding costs, the C…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Inter Country Adoption
  • Birth Registration
  • Unabridged Birth Certificate
  • Hague Convention
  • Delay In Administrative Action
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.