ConCourt hears unmarried fathers should register birth of their children
Updated | By Gcinokuhle Malinga
The Centre for Child Law is hoping a ruling is made soon in a matter involving fathers' rights.
It argued before the Constitutional Court on Tuesday for unmarried fathers, saying they should have the right to register the birth of their children.
The Centre wants the ConCourt to confirm a previous judgment that found that - excluding fathers from obtaining birth certificates - was unconstitutional.
Section 10 of the Births and Deaths Registration Act bars unmarried fathers from registering their son or daughter at birth with their surname irrespective of whether the mother has passed on, is absent, undocumented or cannot be located.
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Zita Hansungule says they are asking for a portion of the law to be declared invalid.
"We hope that the Constitutional Court will agree with us, send it back to Parliament for Parliament to remedy the defect.
"And lastly, put in an interim regime while Parliament is remedying the defect.
"This interim regime would then ensure that unmarried fathers are able to register the birth of their children while Parliament is remedying the defect."
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