The matter was initially raised by the Legal Resources Centre
(LRC), with the support of the Centre for Child Law, in a `public
interest` application against the minister and director general of
Home Affairs.
They were acting on behalf of a South African National Defence
Force (SANDF) soldier who met, and fell in love with, a Congolese
woman while posted on a peacekeeping mission in her country. They
married according to customary law in the DRC.
She, along with their two children, came to South Africa on a
visitor`s permit in 2015, where she gave birth to their third
child.
Refused to register birth
Despite the fact that the child was born in South Africa and the
father was South African, Home Affairs refused to register the
birth because the mother was `undocumented`.
In the High Court in 2018, acting judge Apla Bodlani declined to
declare the sections of the act unconstitutional. Instead, he
ordered amendments to the wording of some of the regulations.
The LRC was happy with Bodlani`s ruling. In a statement at the
time, it said it was a victory for single fathers trying to
register births when the mother is foreign and undocumented or
absent or had abandoned the children.
But the Centre for Child Law was intent on overturning Section 10,
which does not make provision for a child to receive their
father`s surname or details of their father on their birth
certificate without the mother`s involvement.
Home Affairs did not oppose the appeal.
Judge Sunil Rugunanan, who penned the appeal judgment, said the
case affected vulnerable members of society and `a multitude of
child cases` born to unmarried

fathers.
He said children without birth certificates were `invisible` and
were effectively denied support and assistance necessary for their
positive growth and development, including education and access to
social grants.
`The numerous cases in the (centre`s) papers evoke empathy if one
comprehends the extent to which lack of birth registration
exacerbates marginalisation,` said the judge.
`Discriminatory`
Section 10 posed a bar that was discriminatory not only to the
fathers of children born out of wedlock, but to the children
themselves on the grounds that were arbitrary.
`A law that engenders discrimination with the potential for
consequences of the enormity shown, cannot be said to be in the
best interests of the child, which is paramount.`
He said the `reading in`, as ordered by Bodlani, had only a
limited effect and did not address the fundamental problem that
Section 10 in its entirety did not provide a mechanism for a child
born out of wedlock to be registered in the surname of his or her
father where the mother was absent.
He declared the section unconstitutional, giving the legislature
two years to amend it to ensure it is `constitutionally compliant`
and referred the order to the Constitutional Court for
confirmation.
The centre said: `The judgment affirms the fact that every child
has the constitutionally enshrined right to a name and nationality
from birth and their best interests are of paramount importance in
every matter concerning the child.`
www.samigration.com V.3067

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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