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…
Source excerpt
- Birth Registration
- Unmarried Fathers Rights
- Constitutional Invalidity
- Reading In Remedy
- Children S Rights
- Statutory Interpretation