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Article 10 of the Birth and Death Registration Law prevents parents from registering their child at birth with their surname, regardless of whether the mother is deceased, absent, undocumented or cannot be located.
SA birth certificate. Image: EWN.
JOHANNESBURG – The Department of the Interior has admitted that it is unfair and unconstitutional to prohibit single men from registering the birth of their children without the consent of the mother.
Article 10 of the Birth and Death Registration Law prevents parents from registering their child at birth with their surname, regardless of whether the mother is deceased, absent, undocumented, or cannot be located.
The Children’s Law Center has taken the case to the Constitutional Court to confirm an earlier Superior Court ruling that declared this part of the law invalid.
The Department of Internal Affairs said it does not object to the Children’s Law Center’s argument that Section 10 of the Birth and Death Registration Act infringes on parents’ rights based on their marital status and gender.
If the Constitutional Court confirms that this part of the act is invalid, the Department of Internal Affairs suggests that Parliament should deliberate on what would be the best solution to correct the defects of the act.
The department’s attorney, Ismail Jamie, said: “The alternative is to simply remove Section 10 in its entirety, it has no proper constitutional or legislative purpose, and it also discriminates between married and unmarried parents. It shouldn’t be allowed at this time. “
However, there are concerns that removing this section of the law could widen the web of abuse by criminals.
But Jatheen Bhima of Lawyers for Human Rights said this was not a sufficient reason to leave the act as is.
“I believe that globally, human trafficking and smuggling is a concern in this case.”
Judgment on the matter has been reserved.
The Constitutional Court has heard that it would be unconstitutional and discriminatory against any child not allowed to be registered with his father’s last name simply because he was born out of wedlock.
Chief Justice Mogoeng Mogoeng has expressed concern that if Section 10 of the Birth and Death Registration Act is removed, strict measures must be put in place to prevent it from being abused for trafficking in children.
“Fraud and corruption are a serious problem and will most likely prevail in the juvenile registration situation. Therefore, we must be vigilant while giving orders and not making orders that may fall directly into the hands of corrupt, human characters. traffickers out there.
Bhima has recognized that it was a delicate balance.
The Department of Home Affairs does not object to the juvenile law center’s argument that this law is unconstitutional and disrespectful to single parents.
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