The piece of writing is a summary of the case Center for child law v Director-General: Department of Home Affairs and other 2022 (2)
SA 131 (CC). This document provides a summary of the facts, legal questions, prior proceedings, and discussion of the judgment. A critical summary of the case is al...
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AUTHOR SIMBULELE LUJIVA CASE NOTE Center for child law v Director-
General: Department of Home Affairs and other 2022 (2) SA 131 (CC)
Article · October 2023
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, AUTHOR
SIMBULELE LUJIVA
CASE NOTE
Center for child law v Director-General: Department of Home Affairs and other 2022 (2)
SA 131 (CC).
Introduction
The Higher Court of South Africa Eastern Cape Division, Grahamstown in a case involving a
Centre for child law v Director general: department of home affairs and others [2021] ZACC 311.
The court provided a remedy for an applicant who was prohibited from registering their daughter
due to non-compliance with regulation 3(3)(f) 4(3)(f). The court found that it was unfair to
prevent the applicant from registering their daughter. Likewise, the applicant appealed to the full
bench of the high court to set aside such regulation 3(3) (f) 4(3) (f) and to declare section 9 and
section 10 of Birth and Death Registration Act 51 of 1992 as unconstitutional. On the appeal, the
court had to reassess the provided set of facts upon giving the verdict of the declaration of
invalidity of section 10 of the Act.
This case note aims to give a critical discussion about the case of Centre for child law v Director
general: department of home affairs and other [2021] ZACC 31. In doing so, this case note will
examine the verdict of the court and give a critical analysis of its shortcomings of the verdict.
Facts
The appellant is Naki who is a South African citizen. Mr. Naki was a part of the South African
National defense force team that was commissioned for peacekeeping in the Democratic Congo.
Meanwhile, Mr. Naki was stationed in DRC he met Ms. Dimitrila Maria Ndovya who was a
citizen of DRC. They got married to Ms. Ndovya’s culture and customs of DRC, however, their
marriage was not recognized in DRC as a result it was not registered. Through their marriage,
two children were born one daughter, and NN was born in Grahamstown on 1 February 2016.
Before the introduction of NN, Ms. Ndovya’s Visa was out of date in South Africa. She was in
the final stage of her pregnancy. This impeded her from neither applying for a new visa nor
traveling back to Congo. She gave birth in South Africa while her visa expired. According to
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Centre for child law v director general department of home affairs and other [2021] ZACC 31
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