The Department of Home Affairs opposition to the court bid by five
adults, representing others in a similar situation, for the
vindication of their rights, was dealt a death blow by the
Constitutional Court last week. The court simply ruled that it
would not hear any further argument on the matter.
The department had not filed its papers in time, and it had not
given good reason for this.
What this means for Mariam Ali, Aden Salih, Kanu Nkololo, Caroline
Masuki, Murphy Nganga and any others “similarly situated” is that
their previous victory in the Supreme Court of Appeal (SCA) now
stands.
In terms of that order, the minister must accept their
applications for citizenship and make a decision within ten days.
The SCA declared that if you were born in South Africa to foreign
parents who have not been admitted as permanent residents, you
qualify to apply for South African citizenship upon becoming a
major if your birth was registered and if you have lived here all
your life, irrespective of the date of your birth.
It also ordered the minister to enact the necessary forms to allow
for such applications within one year. Pending this, he must
accept applications on affidavit.
The application, brought with the assistance of the Legal
Resources Centre (LRC), was first set down in the Western Cape
High Court.
It was argued that the centre’s clients had all complied with the
Citizenship Amendment Act which came into effect in January 2013.
They were all born in South Africa to foreign parents and they had
all turned 18. But their applications for citizenship under
naturalisation laws were being refused.
In fact, they said, they were being told that such an application
form did not even exist.
In that court, the minister argued that the act only applied to
children born after January 2013 and could not be applied
retrospectively. In fact, his lawyers argued, it did not even
apply to children who turned 18 after that date but only to
children born after that date.
Any retrospective application would create “an unnecessary flow of
applications and burden the already strained resources of the
department”.
The Western Cape High Court ruling in favour of the centre’s
clients was taken on appeal to the SCA by the minister.
There, the Home Affairs changed its argument. Retrospectivity was
no longer an issue.
Instead, it was argued that those affected should have put the
minister on terms to deal with their

applications and, if they
were refused, they could then launch court proceedings to review
and set aside the decisions.
“But this was untenable,” the judges said. “It is difficult to
understand on what basis the minister could have made any
decision. They were never given an opportunity to apply. They were
just turned away.
“The argument is consistent with the ongoing attempts to frustrate
and delay their application. It is not in the interests of justice
to send them from pillar to post simply because the minister
adopted a supine attitude that the regulations will only be
promulgated in due course.”
They were being treated unfairly, the court ruled, dismissing the
appeal.
Sherylle Dass, LRC Regional Director, Cape Town, said they had
opposed the state’s application for leave to appeal to the
Constitutional Court, saying it was an attempt to have a “second
bite of the cherry” in spite of conceding the bulk of their
submissions in the lower courts.
“Despite these concessions, some ten months later, the state
decided to change its stance. We believed it was an abuse of
process. They plainly had no reasonable prospects of success and
again it showed a total disregard for taxpayers who have to foot
the bill for these types of vexatious proceedings.”
She said that during those ten months, when there was no
indication of any appeal, the clients had submitted their
citizenship applications but they were not dealt with.
“Following the dismissal of their appeal, we will now be demanding
the adjudication of those citizenship applications and we will
approach the courts if necessary should a decision not be made
within ten days in accordance with the SCA ruling.
“Our clients have had to endure a long and painful journey to
obtain citizenship with some of them all but giving up hope of
being finally accepted by a country they have grown to love; the
only country they have called home.
“A large part of this agonizing journey could have been avoided if
decision-makers within the Department of Home Affairs exercised
reason and caution by not arbitrarily abusing the court processes
to delay and frustrate the exercise of the clear and unequivocal
right of these applicants.”
www.samigration.com V.3013

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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