Couple wins legal battle to have rule in Births and Deaths Registration Act declared unconstitutional | News24

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A couple has won a court battle to have a regulation in the Birth and Deaths Registrations Act declared unconstitutional and invalid, after their son was not allowed to have his father's name on his birth certificate because his father was in SA illegally.

In the Eastern Cape High Court in Gqeberha, Judge Mbulelo Jolwana came to the"ineluctable conclusion" that Regulation 12 imposes discriminatory conditions in the recordal of fathers who are unmarried and who may be illegal foreigners in the children's registration of birth.

The parents, Ms U and Mr V, sought legal recourse after their attempt to register Mr V as the baby's father at the Department of Home Affairs.Get 14 days free to read all our investigative and in-depth journalism. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed.

Source: Law Daily Report (lawdailyreport.net)

 

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The country is lawless, law enforcement is lawless, now the court are becoming lawless.

These judges are criminals taking bribes from illegal immigrants

We need to protect SA from this influx. I am very concerned that other African tribes will push out the SA tribes soon.

'Best constitution in the world' yamasimba

Clearly the agenda is too render the term “illegal immigrant” invalid and unconstitutional That’s were we going as a country, documentation or not u have the right to be in the country regardless You can get healthcare, ur kids can go to school… etc We really r screwed

In countries with functioning governments, they wouldn't even have had a chance to 'fight this in court', they would've long been deported.

So the Kwere had the nerve to approach the court whilst being an immigration criminal 🙃🙃. This is a mess for SA🚮🚮🚮

Before he appears in court to challenge us, he should have been charged with breaking our immigration law first. But anyways, when it comes to surnames I thought people choose what to give their children.

Anc thank you

The ANC must be pop a champagne. Great work

The laws are bending and flexing to accommodate 'Americans'

A huge majority of these NGOs bring nothing but chaos in 🇿🇦 & work very hard to promote ideologies destructive to South Africans well-being. GovernmentZA what’s the progress on deportations? Any country in the world that works for its citizens would have deported long ago!

RonaldLamola what do you call this?😈

So, did Home Affairs have to first register the father in their system, before linking the child to him? Shouldn't the father have a legit South African ID number in order to be in our Home Affairs system?

They came to multiply..

A Human Rights issue heard in a competent court of law, in a country that is obligated to uphold its constitution :Family is a basic human right… justiceserved

Instead of highlighting a crime and calling for authorities to act, you're here advocating for it and glamourising law breakers. You are beyond Disgusting 🤮🤮🤮

Presuming she's not married to the man why would she allow her child to carry that man's name? If so, clearly she doesn't value herself. Anyways hope they deport his ass soonest because wow we cannot afford another illegal sharing the same space as us natives. GO HOME!!!

South Africans, there you have it, Imagine having a Mr Abulai Munyongo Khatri Paulito BangaSomaetopi taking Presidential Oath of office.☹️☹️😭😭 This judgement gives way to that possibility. Mzansi is alive with possibilities 🤔☹️🤘

Like...

Bullmanure

Please make this make sense…

Our fellow sisters are failing us, struu🤞🏿. The next thing, he leaves her with that child and moves on to the next woman. Wa itse ke gore there's no win in the Black community ONLY generational curse😩

IKEKHUMALO2

GaytonMcK HermanMashaba

In working countries they would have immediately arrested the guy n deported him. No guy no amendment required

Our Constitution is a problem.

so the court is promoting lawlessness. the rule of law & order is thrown off the window just to protect illegal foreigners who should be deported.

Our Constitution is fucked. One day this little rascal will be commiting heinous crimes in our country 😶

It seems that most South Africans are afraid of other Africans. I welcome them into our country. Hard working people add value to this country. It’s the lazy locals that need deportation.

The courts are against the people of this country most times. If the Justice system is does not prioritise the national interests of the country, then it's utterly useless and not needed!

What the actual kak. This makes no sense.

The courts need something better to do with their time. We have real SA crime issues to deal with. Don't waste your resources on stupid things.

Wish we can ship them back to their own country but all they do is come here take jobs and creat crime.

Being illegal doesn't mean u are not human, thus u can't deprive a child taking on his/her father's name or surname, ok let's say he was denied, how was home affairs going to deport the father & the child? What would be the link between the child & father? Basic logic.

News 24 is illegal too

U are here in SA illegal.

It's okay they may put his name on his the birth certificate. They will then deport the father.

But how are you illegal but still able to go to court? Amazing!!

Illegal foreigners and foreign-sponsored NGOs are trampling on our Constitution. How does the OCJ_RSA | RonaldLamola even avail itself to hear an illegal person's complaint?

We have most of the weakest laws in the world. The father is here illegally how do we justify this

Banana Republic

Mare RSA is a joke. WTF is this?🤦🏾‍♀️

It's only fair and African that a child should bear his father's name, illegal immigrant or not. Most of the problems we have in this country today stems from the fact that children are separated from their fathers and end up with grandmother's surname.

How do you win a court battle when you're illegal in that country?

...The Judiciary is actually encouraging people to break the law. Being here illegally is a crime on its own.

They should have deported the father for being illegal immigrant in our country.

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