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South Africa Case Law

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Constitutional Law [2018] ZAECGHC 90

M.N and Others v Director General: Department of Home Affair and Another (4996/2016)

M.N and Others v Director General: Department of Home Affair and Another (4996/2016) [2018] ZAECGHC 90; [2018] 3 All SA 802 (ECG) (27 June 2018)

Sections 9 and 10 of the BDRA do not prevent unmarried fathers from registering the births of their children in the absence of the mother; the statutory language allows any parent to give notice of birth. However, certain subregulations of the Regulations on the Registration of Births and Deaths, 2014—specifically subregulations (3)(f), (i), and (5) to Regulations 3, 4, and 5, and subregulation (1) to Regulation 12—create unconstitutional barriers to birth registration where the mother is absent or undocumented. These barriers unjustifiably limit children's rights under sections 28(1)(a) and…

  • Birth Registration
  • Unmarried Fathers Rights
  • Constitutional Invalidity
  • Reading In Remedy
  • Children S Rights
  • Statutory Interpretation
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Family And Children [2014] ZAKZDHC 11

S.D.I v K.L.V.C and Another (11137/2013)

S.D.I v K.L.V.C and Another (11137/2013) [2014] ZAKZDHC 11 (4 April 2014)

The court found that the applicant met all three requirements of section 21(1)(b) of the Children’s Act: he consented to be identified as the father, contributed or attempted in good faith to contribute to the child’s upbringing for a reasonable period, and contributed or attempted in good faith to contribute towards expenses in connection with the maintenance of the child. The evidence showed actual and good faith contributions, including financial support, personal involvement, and offers to pay maintenance. The respondent’s removal of the child from South Africa to England and Wales withou…

  • Parental Responsibilities And Rights
  • Children S Act Interpretation
  • International Child Abduction
  • Hague Convention
  • Unmarried Fathers Rights
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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.