A couple originally from the Democratic Republic of Congo (DRC) have
found themselves stateless after renouncing their citizenship in
order to be naturalised as South Africans.
While one of their children has been granted South African
citizenship‚ the youngest child, who was born in 2017, failed to gain
the same status and may not be able to access services offered by
public facilities in SA.
A law firm has brought an application in the High Court in Cape Town
that seeks clarity on how long a permanent resident must reside in SA
before he or she is eligible for citizenship.
The question came into the spotlight last week when the public
protector ordered the Department of Home Affairs to review the 10-
year waiting period for permanent residents to apply for
naturalisation and ensure it aligned with the five-year period in the
Citizenship Act.
The public protector dealt with complaints from foreign nationals who
were told they needed to be permanent residents of SA for 10 years to
qualify for naturalisation.
De Saude Attorneys is acting for the Mulowayi family‚ which has been
in the country since the early 2000s.
Florette Mulowayi has lived and worked in SA since 2002‚ when she
left her home country as a refugee. Her husband‚ Nsongoni‚ joined her
in 2004.
Since they have been in SA‚ the couple have had three children all
born here‚ one of whom died.
The family was left stateless after being denied South African
citizenship‚ despite meeting all the requirements.
Florette and Nsongoni were granted permanent resident permits in 2011
and waited five years before applying for citizenship. Even after

renouncing their DRC citizenship‚ their applications for
naturalisation were denied.
While two of their eldest children were granted South African
citizenship and received their South African birth certificates‚
their youngest child, born in March 2017, was not recognised as a
citizen of SA.
`This has created a bizarre situation where two parents are stateless
but South African permanent residents, one minor is a South African
citizen, and another minor son is stateless and without any status in
SA at all‚` said Stefanie de Saude-Darbandi‚ director of De Saude
Attorneys.
She said the couple realised that‚ as an undocumented minor‚ their
youngest son was unable to turn to local hospitals or clinics should
he fall ill. She said even basic procedures such as applying for
schooling or booking a flight is impossible.
De Saude-Darbandi said the family‚ from Kensington in Johannesburg‚
brought an application to seek clarity on the waiting period for
foreign nationals to seek naturalisation.
She said the family also sought clarification on whether the
department was under the obligation to recognise the couple’s 11-
month-old son as a South African citizen by birth.
`The outcome of this case‚ which was scheduled to be heard in the …
high court on November 23 but was postponed … will determine whether
the Mulowayis’ son has claim to citizenship and the Constitutional
rights such citizenship would afford him.`
The case has been set down for March. V.2135

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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