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

The gridlock affecting work-permit applications in South Africa is limiting expansion by German companies in the country and threatening operations that support 100,000 jobs, an industry association said. While South Africa is taking steps to improve an approval system and make it easier and quicker to get permits, the snarl-up that was exacerbated by the Covid-19 pandemic has limited the entry of skilled workers into a country that has a dire shortage of them. Between 2014 and 2021 only 25,298 skilled-worker permits were approved by the country, which has a population of 60 million. V.5339
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In exciting news for digital nomads, South Africa will launch a new digital nomad visa featuring two categories: a remote working visa and a critical skills visa. These visas aim to attract remote workers and skilled professionals globally as part of South Africa’s efforts to position itself as a global hub. Once put into action, this move will establish the country as only the fifth African nation offering this kind of visa to people who spend long periods working in different countries. V.5338
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The Home Affairs official was accused of selling passports at R3,000 to foreigners A 34-year-old former Department of Home Affairs employee will spend the weekend behind bars after being arrested on fraud and corruption charges. Malusi Mlondo appeared briefly in the Durban Specialised Commercial Crime Court on Thursday and was remanded in custody. V.5329
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Home Affairs Minister Aaron Motsoaledi said the arrest demonstrated the department`s zero-tolerance against corruption. • A Department of Home Affairs employee in Limpopo was sentenced to an effective eight years in jail for fraud and corruption. • NPA spokesperson Mashudu Malaba-Dzhangi said Amos Ngwenyama accepted R1 000 to fraudulently issue a birth certificate. • Minister Aaron Motsoaledi said the sentencing demonstrated the department`s commitment to tackling corruption. V.5330
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A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. V.5331
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With just a few weeks to go until the 2024 elections, the Department of Home Affairs has publicized the nation`s identification document (ID) process. The department acknowledges the critical role of voter identification in facilitating participation and ensuring electoral fairness. Delays and inefficiencies at Home Affairs have historically impeded the democratic right to vote, particularly affecting those in rural areas. V.5332
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SAUDI VISA FOR AFRICAN CITIZENS South Africa is not among the countries exempt from Saudi Arabia visa requirements, therefore a Saudi Arabia visa is required. South Africans need a current visa to travel to Saudi Arabia lawfully. South African citizens can obtain a Saudi electronic visa. Saudi Arabia is located in the Middle East. The eVisa is an electronic visa that permits citizens from approximately 50 countries to travel to Saudi Arabia for tourism. V.5333
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I recently renewed my passport at Home Affairs in a bank branch and was very impressed with the service and quick turnaround time. The Department of Home Affairs (DHA) and major banks first launched the option to do Smart ID card and passport applications via select bank branches in 2016. It has slowly grown to around 30 locations, including branches from Absa, Discovery Bank, FNB, Investec, Nedbank, and Standard Bank. V.5334
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The Department of Home Affairs (DHA) has spent over R412.95 million in legal fees since the start of the 2018/19 financial year - with over R117.69 million of this spent between 1 April 2023 and 29 February 2024. This was revealed by the Minister of Home Affairs, Aaron Motsoaledi, in a recent written response in parliament. DHA has seen an exponential increase in the amount that it spends on litigation, with the current amount for 2023/24 (note these figures are until the end of February, several months short of the full financial year) nearly 16 times that of the amount spent in 2018/19. V.5335
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Short on time? Here are the highlights: • Following recent announcements from British Columbia and Ontario, Nova Scotia becomes the latest Canadian province to declare how its quota of study permit applications for 2024 will be distributed across sectors and institutions • As in Ontario, private institutions and language schools stand to be the most negatively affected by the distribution arrangement, but some public universities will also see significant reductions in study permit applications • All Canadian provinces have now distributed their allocation of study permit applications for 2024, and all are now also issuing provincial attestation letters (PALs) V.5336
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