Unmarried father may register child under his surname without mother’s consent | Citypress

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Unmarried father may register child under his surname without mother’s consent

The Centre for Child Law argued that it was unconstitutional to prohibit an unmarried father from registering his child’s birth under his surname at home affairs if the child’s mother is not present.

An argument was presented before the court that a married father can be trusted without further ado, but an unmarried one automatically arouses suspicion. A father who conceives a child after having sex with the mother only once or a few times in an informal relationship, or a rapist who has developed a “curious interest” in the child he has conceived, falls into the category of unmarried fathers.These factors are strong warning signs against the proposed action to relax the critical safety measures in the legislation.

Marriage is a centuries-old institution from which binding legal, moral and societal duties arise. Marriage and family are vital institutions that have a profoundly beneficial role in the education of a child.

Source: Law Daily Report (lawdailyreport.net)

 

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About time

Women do it everyday without our concern

Dankie. Finally.

There is no mother who is the upper parent to the Father, unless she was a parent b4 a man met her

Yah ne

Without the Mother’s consent?What Fuckery is this

Beautiful

Jiki jiki the father requests to take out the child for a weekend, jiki jiki the child comes back with an abridged birth certificate… Ay…

Kanjani? 🤦🏿‍♂️

ORamaphosa

Wtf!

ConCourtSA do you even recognize customary law?

Black fathers, do the right thing traditionally FIRST. These western options aren’t always good for the child.

This law the more I think of, the more I realize how stupid it is.

At last, thank you for the recognition 🙏🏾

At last, some progress wrt father rights.

Another opportunity for fictitious babies to be registered to guarantee payment of child care grant for 18 years 🤬🤬🤬

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That man is victimised by his beliefs. Unfortunately he's unable to separate these from his work. Akahambe aye ekhaya ayophumula - good grief...

This is just open can of worms. Both parties mst endorse this. So if the child is already using either surname now can i just go to home Affairs & apply for change without informing the other party?

Why cant they say single fathers

Ziyakhala manje

Question is how would a convicted rapists be taking a stroll to home affairs department - isn't he(or she) suppose to be in jail kanti?

OMW. Does this man have no filter?What is that now all about. This is all just attention-seeking again. Those 'rapists' should be incarcerated, not still be able to walk around doing anything. No respect for rape victims.This is shocking coming from the CJ, but is not surprising.

All of a sudden a minority judgement matter, you guys are full of bias.

Pleople must read the article before commenting

Some ladies don't even know who is the right father. The choice for the father depends on the behaviour of guys on the list. So, some guys will be registering some other guys kids as theirs.

CJ is right. Let's think about the consequences before we commit

Please guys😭

CJ Mogoeng's reasoning strongly propagate a long discarded maternal prefence rule

Hei! No!

Some cause happiness wherever they go; others whenever they go. ~ Oscar Wilde

There’s some truth in what he’s saying. Regulations will need to be tight, otherwise I foresee a “gemors” (Afrikaans Taal)…

CJ must just retire & seat down

🤔

No comment

They want to taint his legacy. They want us to remember him this way. Hence the headline. South African evil whites racist media is poison ☠️

George Koch!

Then the cops can just wait at Home Affairs for those rapists. No more chasing them all over the country.

Yho 🥺

Rhaaaaa!!!

No shame whatsoever

Headlines and deceiving people ai

South Africa is a jungle

Madness, utter madness

He is very correct. Courts nowadays seem to just hand out judgements without consideration for child safeguarding which is paramount in our society.

Uqalile!

Masepa!

He makes a lot of sense. I read the article!

I’ve never experienced being violated like that but just reading this mad me feel so heart broken 😭 cause wow you raped me now you’re demanding to see the kid that I didn’t even want to have at first but now I’m doing my best at loving him/her😭

He banna 🤷🏿‍♀️

Mihlolo ayi dyiwi or is the headline misleading, somebody read the article?

Can i change my child's surname to mine without the father?

Mogoeng is right , this carte blance will bring problems 🤞🏾

Read the article.

In a society that is wriggled with human trafficking, Gender Based Violence I find it to disagree with the CJ. At the least the mother’s permission should be solicited - South African or not.

Bathong😳😠

Reading the whole thing will help a lot of us understand before we go n bite his head off

What the hell is THIS?!

This is ridiculous

Ei Out going CJ...

Father is a father..... Even if u killed someone to get money it doesn't matter if u have money u have money..life is not fair lets get used to it...and if we try to make it fair we will lose wat we have for wat we don't have...

A very strong statement. We are summoned to be careful of where our jurisprudence might be headed to.

Headline is misleading

You achieved your goal of forcing us to read this article.

The old man is sick. He must read the judgment. 'Acting Judge Margaret Victor said in the majority ruling that there were cases where consent, for whatever reason, could not be obtained from the mother.'

Ngeke CJ 😭😭😭

Dammm

Hayi! 🤔

He knows what he is talking about and it's true. The way criminals have rights and our gvt let's them get away with the worst, l wouldn't be shocked it this happens

well that's just fcked up. shouldn't rapist be in jail? what is with these myanc creatures, they have no morals or ethics

Tf

Worst case scenario baby kept by her mom who doesn't believe in abortion then the rapist serve time get released from jail. He then opt to see his child as mother would you allow him to see the child

Utter nonsense

👀

jbnkosi68 Abortion is there for a reason, he must retire already and go be a full time pastor or join ACDP...nonsense CJ!

Madness.

Y'all can't keep increasing our problems 😒😒

And how do Home Affairs prove you the really father , I mean you can steal a baby

Why? No man! These laws aren’t applied

Do not lose your Culture South Africans

Ngwana o register ka surname ya Ntate only if the father has paid damages for that child ke eng tsona tse, and I believe it's even different from culture to culture

Assuming that the father is on the birth certificate.

'Retiring Chief Justice Mogoeng Mogoeng has warned that even rapists who are “curious” about the babies who are born as a result of their act of violence will be able to go to the department of home affairs and register the child under their surname.' ARE YOU FOR REAL

Yes, um, well.... no, no thank you.

Well ... that's not a very good idea.

Except 'mothers' still go behind a childs fathers (consent) knowing and get the usual 'human scum' disguised as lawyers, (advocates and judges), to help change it to whoever's surname the 'mother' happens to be kept by and/or sagging with. Sad but true.

You forgot the fact that they can't amend current birth registrations

No more Step fathers. Everyone must take his or her own responsibility. We welcome the judgement. Guys support your own. Leave the rest to there fathers.

toshpolela Jesu ! Ba tlo go utswa bana ba rona !

Good

Hee Banna,Here in South Africa?

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