22/09/2021
Concourt Judgment:
Section 10 of the Births & Deaths Registration Act is unconstitutional.
It differentiates between children born in and out of wedlock and unfairly limits the right of an unmarried father to register his child’s birth under his surname.
Centre for Child Law v Director General: Department of Home Affairs and Others [2021] ZACC 31
Births and Deaths Registration Act 51 of 1992 — constitutionality of section 10 — section is unconstitutional
Section 9 of the Constitution — unfair discrimination — section 10 fails the Harksen test
Full Judgment:
Proc. R.79, G. 14182,Act 129 of 1993 (G. 14995, c.i.o 1 September 1993 [Proc. R.81, G. 15102]),Act 41 of 1995 (G. 16655, c.i.o 5 September 1995),Act 40 of 1996 (G. 17412, c.i.o 5 September 1996),Act 67 of 1997 (G. 18484, c.i.o 3 December 1997),Act 86 of 1997 (G. 18502, c.i.o 4 September 1998 [Proc.....
