The Constitutional Court on Wednesday ordered the department of home affairs to register the births of four people that it declared were South African citizens, and that they be issued with IDs
The court granted four of the five people the relief they sought; that they be declared South African citizens, that the department register their births, enter their details into the population register, assign them South African identity numbers and issue them South African identity documents and/or identity cards as well as birth certificates.According to the constitution, the Constitutional Court must confirm any order of invalidity made by the high court, before that order has any force.
“This seems to have been a consequence of the dereliction of their responsibility during the proceedings in the high court. Khampepe said this was unfortunate and hoped that failure to provide reasons when legislation was declared invalid did not become a regular practice by lower courts. She said an interpretation of the 2010 act that only operates in favour of those born after its commencement is the one which is at variance with the constitution.
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