Cape Town â€" The SA Human Rights Commission (SAHRC) is to review why
children born in South Africa to foreign parents are not automatically
awarded citizenship by the Department of Home Affairs.
Advocate Priscilla Jana deputy chairperson of the SAHRC said she been
unaware that unabridged birth certificates were not issued to children
born to foreign parents. We will look into this matter she said.


Department of Home Affairs spokesperson Thabo Mokgola said the
departments policy was that for record purposes a notice of birth”
would be issued instead.


The Human Rights Commission will review why children born locally to
foreign parents are not automatically awarded citizenship by Home
Affairs. File picture: Independent Media
Cape Town attorney Joy van der Heyde said she had filed nine notices
against Home Affairs in the Western Cape High Court. They related to
the departments alleged refusal to issue unabridged birth certificates
to foreign parents.


In another matter Van der Heyde accused the department of failing to
issue an unabridged birth certificate to a refugee whose daughter was
born in the country.


The assumption that if a child is born in this country they
automatically get citizenship irrespective of whether their parents
are foreign or not is false she said.


A notice of birth is issued by the hospital this is not an identity
document on which the child can be registered at school or obtain
social grants. This notice therefore does not assist the child in
being able to enforce his or her rights Van der Heyde pointed
out.


Said Mokgola: In cases where one parent is South African the South
African citizen may apply for the child’s birth certificate. But Van
der Heyde said that was also problematic because the name of child’s
South African parent would be reflected on the unabridged birth
certificate but not the foreign parents name.


In one case Van der Heyde

said a child was in ICU and required a
series of operations. Her foreign parent has a paid-up foreign medical
aid that has to bear the costs but because the child does not have an
unabridged birth certificate reflecting the foreign parents name which
the medical aid requires the costs cannot be paid.


Also this means that the foreign parent cannot travel in and out of
the country with their own child because their name will not be on the
unabridged birth certificate. There are cases where the high court
ruled that this is unacceptable.


Van der Heyde said it was “sad that there are three million adoptable
children in the welfare system many of whom are foreign children whom
prospective foreign adoptive parents are willing to adopt and who end
up staying in the system because they don’t have unabridged birth
certificates.


They don not have a name identity number or a country of origin. That
means we have this quota of children in the adoption system in the
social welfare system who can not be taken care of properly by parents
who want to adopt them.


“Without an unabridged birth certificate everything is affected â€" from
accessing medical assistance and social grants to schooling.
Esther Lewis spokesperson for the Western Cape Department of Social
Development said they assist all children in need of care and
protection and the childs best interests will always be taken into
consideration. And all children must have birth certificates.


Without birth certificates the adoption process for any child whether
South African or a child born here of foreign parents can not be
finalized Lewis explained.


It is standard practice to issue foreign children born in South Africa
with handwritten birth certificates from the Department of Home Affairs. V.1933

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.

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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.

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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.

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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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