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Harare High Court

Aron Chaka v The Registrar of Births and Deaths and Daisy Mutukudzi and Master of the High Court

HH 283-24

Case Details

Court
Harare High Court
Date
8 July 2024
Citation
HH 283-24
Neutral Citation
[2024] ZWHH 283
Outcome
unknown
Case Type
Application

Bench

Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Administrative lawBirth and death registration
Keywords
Birth certificatePaternityOliver MtukudziRegistration of births
Tags
Birth certificate alterationPaternity disputeBirth registration
legislation
Statutes Cited
  • Births and Death Registration Act
  • Births and Death Registration Act
  • Births and Death Registration Act
  • Births and Death Registration Act
  • Births and Death Registration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether section 27(4) of the Births and Death Registration Act applies to permit alteration of birth certificate details through chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"No criminal proceedings were instituted; applicant brought chamber application"}
  • {"issue_text":"Whether the applicant has provided sufficient evidence to rebut the presumption of Josiah Chaka's paternity","issue_type":"mixed","dispositive":"no","related_facts":"Birth registered under section 12(2)(a); affidavits from Mtukudzi family members; no paternity test"}
  • {"issue_text":"Whether the court has jurisdiction to order alteration of birth certificate details in these circumstances","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought under wrong statutory provision; no criminal proceedings"}
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background
Facts of the Case

Background

The applicant sought to alter his birth certificate to change his surname from Chaka to Mtukudzi and replace his registered father's details with those of the late Oliver Mtukudzi, claiming Oliver Mtukudzi was his biological father. The application was brought under section 27(4) of the Births and Death Registration Act.
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