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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 South Africa illegally.
In the Eastern Cape High Court in Gqeberha, Judge Mbulelo Jolwana came to the "ineluctable conclusion" that Regulation 12(2)(c) 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.
