– Stateless children can now apply for citizenship after home affairs



The Department of Home Affairs on Tuesday withdrew its appeal in the
Supreme Court of Appeal concerning the case of an eight-year-old
stateless child who was born in South Africa to Cuban parents.


The department of home affairs had wanted to apply for leave to appeal
against a judgment of the high court in Pretoria‚ which declared that
the child was a South African citizen.


The child became stateless because Cuban law does not allow children
to obtain Cuban citizenship if they were born outside of Cuba to
parents considered "permanent emigrants"‚ or Cubans who had lived
outside of Cuba for more than 11 months.


South African law also gives citizenship based on the South African
citizenship of the parents.


However‚ Section 2(2) of the Citizenship Act gave these children a
chance to be declared South African citizens.


However‚ the home affairs department refused to implement the
subsection by way of making regulations‚ forcing the child to approach
the high court.


On the morning of the hearing at the Supreme Court of Appeal in
Bloemfontein‚ the department withdrew the case and agreed to an order
that the child is declared to be a South African citizen by
birth.


The department also agreed to comply with the high court order by
issuing the child with a South African citizen ID number and birth
certificate.


The Minister of Home Affairs also agreed to make regulations to
section 2(2) of the Citizenship

Act within 18 months in order to allow
other stateless children to apply for citizenship.


Since section 2(2) was inserted into the Citizenship Act‚ it was
impossible to implement‚ because there was no application form.


Once the regulations are passed‚ other stateless children will also be
able to apply for citizenship and will no longer be stateless.


The child`s mother‚ a civil engineer‚ was a candidate for a programme
between South Africa and the Cuban government for the housing
department and was based in Cape Town with her husband.


The couple had been married for eight years when she arrived in South
Africa and could not have a child.


Her mother said it was a miracle baby as she was 40 when the child was
born.


"She was born in September 2008 here in Cape Town. When she was born‚
we immediately thought she was Cuban because we are from Cuba‚" her
mother said.


One of the arguments by the department appeal to the SCA was that too
many children were expected to apply for citizenship.


Lawyers for Human Rights said there was no basis to believe that too
many children would qualify for citizenship under this section.


"It is a preventative measure for special cases and will protect the
most vulnerable of children. It applies to children born in South
Africa who do not have a claim to another country's citizenship‚"
Lawyers for Human Rights said in a statement. V.1735

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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