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Media Invite: The SAHRC empowers unmarried South African fathers on their right to register the birth of their children without the consent or involvement of their children's mothers

Attention: Editors and Reporters

03 August 2022

The Mpumalanga Provincial Office of the SAHRC will be embarking on a public campaign in Nkomazi Local Municipality to popularise and raise awareness about the Constitutional Court judgement which declared section 10 of the Births and Deaths Registration Act 51 of 1992 invalid and inconsistent with the Constitution to the extent that it prohibits an unmarried father from giving notice of the birth of his child under his surname, in the absence of the child’s mother or without her consent.

The Constitutional Court has found that there is no justification for differentiating between married and unmarried fathers in relation to conferring a surname on a child. The campaign will also empower society on the rights of children who have may have been excluded from school due to lack of documentation, undocumented persons who were born in Republic of South Africa as well as stateless persons.

The campaign is scheduled to take place as follows:
Date     Venue     Time
02 August 2022    Schoemasdal Community Hall     09:00-16:30
03 August 2022    KaMaqhekeza Community Hall    09:00-16:30
04 August 2022    Magogeni Tribal Office     09:00-16:30
05 August 2022    Mbangwane Thusong Centre     09:00-16:30

The judgement is accessible here: https://collections.concourt.org.za/handle/20.500.12144/36654     


For queries contact SAHRC Mpumalanga Legal Officer, Ms Thobile Sibanyoni on This email address is being protected from spambots. You need JavaScript enabled to view it. or 076 262 0765.

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