There were tears of joy as the High Court in Cape Town set aside a
decision by the Department of Home Affairs to refuse a stateless
family`s application for citizenship.
The Mulowayi family of Kensington‚ Johannesburg‚ finally found relief
on Tuesday after a protracted battle with the department which had
refused their application for citizenship on what has now been
determined to be wrongful grounds.
The Mulowayi family had been in the country since the early 2000s.
Florette Mulowayi has lived and worked in South Africa since 2002‚
when she left her home country as a refugee.
Her husband‚ Nsongoni‚ joined her in 2004.
Since they have been in South Africa‚ the couple â€` originally from
the Democratic Republic of Congo (DRC) - had three children â€` all
born in the country. One of the children subsequently died. The
family was left stateless after being denied South African
citizenship‚ despite meeting all the requirements.
According to Stefanie de Saude-Darbandi‚ a specialist immigration and
citizenship law attorney representing the family‚ the court ruling
effectively forces the department to render a decision within two
months.
She said the court had declared a regulation requiring them to apply
for citizenship only after 10 years of ordinary residence in South
Africa was beyond the department’s powers and unlawful.
`The Mulowayi family has been put through a traumatic experience that
left their

youngest son without any legal status.
“This case is a victory not only for the Mulowayis but for the
countless other families who are frustrated by inconsistent and
sometimes wrongful interpretation and application of our laws by DHA
officials‚` De Saude-Darbandi said.
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.
At the heart of the department’s decision to deny their citizenship
application were regulations that‚ according to department’s legal
counsel‚ stipulated a period of 10 years of being an ordinary
resident before a citizenship application could be processed.
`However‚ as we argued in court‚ the Citizenship Act clearly
stipulates that citizenship may be awarded if the applicant ‘is
ordinarily resident in the Republic ... for a continuous period of
not less than five years preceding the date of his or her
application’.
“The high court agreed and effectively set aside not only the
(department’s) refusal to grant citizenship‚ but also the regulation
that led to this wrongful decision‚` De Saude-Darbandi said.
She said the department had two months to decide on the family`s
application. V.2268

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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