The Mercury

Dads to be able to register child births

- BONGANI NKOSI bongani.nkosi@inl.co.za

HOME Affairs is in the process of drafting regulation­s to allow unmarried fathers to register the births of their children in the absence of the mother.

A 2018 High Court judgment, which was confirmed by the Constituti­onal Court last year, ordered the department to do this.

The judgment declared section 10 of the Births and Deaths Registrati­on Act unconstitu­tional to the extent that it did not allow unmarried fathers to register the births of their children in the absence of the mothers of such children.

The case referred to the matter concerning a South African soldier who struggled to register his child’s birth under his surname.

Home Affairs first refused to register the birth on grounds that the mother was an undocument­ed Democratic Republic of Congo (DRC) national.

Home Affairs would also not allow the father to register the birth without the mother, as per standing regulation­s in 2016.

The child was born in Makhanda, Eastern Cape, in February 2016.

The couple married in the DRC, but their marriage was not recognised in South Africa.

The Centre for Child Law took their matter all the way to the apex court.

In a majority judgment written by Acting Justice Margie Victor, the Constituti­onal Court confirmed that section 10 of the Births and Deaths Registrati­on Act was unconstitu­tional.

“In conclusion, the section is manifestly inconsiste­nt with the best interests of the child as well as her rights to dignity and equality and her right to a name and nationalit­y from birth.

“The finding of unconstitu­tionality means that this Court ought to declare section 10 invalid to the extent that it limits the right of unmarried fathers to give notice of the birth of their child in their surname, thereby unfairly discrimina­ting against children born to unmarried parents.

“For this reason, section 10 is declared unconstitu­tional.”

Home Affairs Minister Aaron Motsoaledi has insisted that the judgment was already being implemente­d.

Furthermor­e, Motsoaledi said regulation­s necessitat­ed by the judgment were in the process of being developed.

“The 2018 and Constituti­onal Court 2021 judgment was brought to the attention of all provincial managers for further communicat­ing to local offices via WhatsApp on 23 September 2021,” said Motsoaledi.

“The Home Affairs front offices have been informed as per the attached WhatsApp message and the court order is being implemente­d by offices as alluded to the presentati­on made to the Portfolio Committee on 2 March 2022.”

 ?? African News Agency (ANA) ?? CAPE Town resident, Elmon Muringani arranges his crafts for display on the M3. Muringani makes his pieces from beads, wire and recycled materials. | TRACEY ADAMS
African News Agency (ANA) CAPE Town resident, Elmon Muringani arranges his crafts for display on the M3. Muringani makes his pieces from beads, wire and recycled materials. | TRACEY ADAMS

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