Darbandi, representing the Mulowayi family from DRC, took their
case to the Western Cape high court and then the Constitutional
Court after their application for citizenship was rejected on the
grounds that regulations stated they had to be resident in South
Africa for 10 years before they could apply. She argued that
regulations prescribing a 10-year period of residence before a
foreigner can apply for citizenship were contrary to the
Citizenship Act, which prescribes only a five-year period.
Darbandi applied to the Constitutional Court, effectively for
confirmation of an order of the Western Cape high court, declaring
regulation 3(2)(a) of the Regulations on the South African
Citizenship Act, 1995 invalid and setting aside the regulation.
She explains that the regulations were not aligned with section
5(1)(c) of the Act, which states: “The Minister may, upon
application in the prescribed manner, grant a certificate of
naturalisation as a South African citizen to any foreigner who
satisfies the Minister that (c) he or she is ordinarily resident
in the Republic and that he or she has been so resident for a
continuous period of not less than five years immediately
preceding the date of his or her application.”
Darbandi says the Constitutional Court’s finding is good news for
foreigners seeking South African citizenship, and removes one of
the hurdles in the way of immigration.
“There are encouraging signs of reform in South African
immigration law and processes, and the department of home affairs
appears

to be supporting these positive developments,” she says.
However, more progress needs to be made if South Africa is to
succeed in its efforts to attract up to 800 000 high-level foreign
skills and large numbers of foreign investors to the country,
Darbandi says.
“We can’t be a ‘closed border country’ if we want the economy to
grow. While this Constitutional Court finding is a step in right
direction, making the regulations less restrictive and South
Africa more appealing to foreigners, all stakeholders need to work
together to make visa and immigration regulations and processes
less restrictive.”
Darbandi has long campaigned for uniform application of visa and
immigration policies, and for a more open approach to immigration
in general. As a founding member of a new Task Team for
Immigration Reform, which is backed by Business Leaders South
Africa, she aims to continue working to address shortcomings in
the current system, which, she says, still forces too many people
to suffer wrongful outcomes, delays and various injustices.
“Immigration has been found to have a measurable positive impact
on GDP growth, yet our laws, and the inconsistent way in which
regulations and policies are enforced, are closing our borders to
foreign investors and skilled foreign workers who could both
address our in-country skills gaps and support much-needed
knowledge transfer,” Darbandi says. V.2764

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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