ConCourt hears Births and Deaths Registration Act must be sent back to Parliament
The apex court is hearing an application from two couples whose husbands want to assume their wives' surnames.
Picture: Pixabay.com
JOHANNESBURG - The Constitutional Court has heard that the Births and Deaths Registration Act must be sent back to Parliament for amendments.
The apex court is hearing an application from two couples whose husbands want to assume their wives' surnames.
They said the act is discriminatory on the basis of gender, as it does not allow the adoption of a wife’s surname by her husband.
The two couples want a confirmation of invalidity by the Constitutional Court of an order by the Free State High Court that declared Section 26 of the Births and Deaths Registration Act unconstitutional because it discriminates on the basis of gender.
They seek the suspension of this declaration for 24 months to allow Parliament to remedy the defects as per Section 172 subsection (1)(b) of the Constitution.
However, the justices of the apex court probed the legal counsel for the applicants, Advocate Neil Stellenburg, on a reading in in the legislation.
Reading in is the process in which the court would modify the statute without a declaration of invalidity.
Stellenburg provided this response: “The reading in becomes problematic. It should be referred back to the legislature and for Parliament to consider.”
Judgment has been reserved.