Children born in other countries are entitled to South African citizenship as long as one parent is South African, the Constitutional Court has ruled.
A seven-year legal battle is finally over and the court has ruled that the Department of Home Affairs must immediately recognise as citizens Yamika Chisuse, born in 1989 in Malawi; Martin Ambrose, born in 1970 in Zimbabwe; Amanda Tilma, born in 1969 in Zimbabwe; and Emma Dullart, born in 2006 in Accra.
The ruling by the court has cleared up any confusion about the country`s citizenship by descent laws, which were interpreted by Home Affairs to mean that nobody born in other countries after 2013 qualified for citizenship, irrespective of whether their parents were South Africans, GroundUp reported.
Represented by Lawyers for Human Rights, the applicants started negotiations with the department in 2013 and first went to court in 2016.
The department failed to file opposing papers and it was finally set down to be heard in May 2019.
The department asked for a further postponement, but this was refused and the matter was heard unopposed.
The applicants claimed that the Citizenship Amendment Act of 2010 (which came into effect in 2013) was not being applied retrospectively, resulting in `wholesale deprivation of citizenship rights overnight`.
They said the provisions of the Act did not provide for anyone born outside of South Africa to a South African parent before January 2013 to obtain citizenship.
`Risks of statelessness`
The Gauteng High Court in Pretoria ruled in their favour, declaring sections of the act unconstitutional.
But the Constitutional Court has now declined to ratify this, saying that the act was misinterpreted.
In a unanimous ruling handed down this week, Judge Sisi Khampepe said the issue surrounded the wording in the act which stated `any person who is born`.
This was interpreted to mean only those born after 2013.
The judge said the only reasonable and constitutional compliant construction of the text was that it included all persons, born yesterday, today and tomorrow.
`An interpretation that favours a prospective-only operation in this instance effectively abolishes existing rights.
`Moreover, a finding that

the section only applies prospectively would have the effect of excluding not only the vast majority of those who had acquired citizenship by descent, but also those who, like the applicants in this matter, are excluded from the ambit of the section merely by the date of their birth,` said Khampepe.
Khampepe said:
This interpretation would also expose some individuals to the risks of statelessness and it would be contrary to the spirit and purpose of the legislation, which seeks to widen the pathways to South African citizenship rather than narrow them.
`Brazenly incompetent`
The judge labelled the department`s conduct `brazenly incompetent`. While it had belatedly, before the Constitutional Court, conceded to an interpretation of the act that would recognise the applicants as citizens, it had continued to oppose the application on a `factual basis`.
`The ordinary rule is that costs follow the results and the applicants have been unsuccessful in confirming the order of invalidity.
`But clearly this case encompassed more than that â€` it was about vindicating the citizenship rights of the applicants who have been dragged from the proverbial pillar to post by the government`s intransigence, indifference and inefficiency.
`The applicants have been successful in vindicating these rights and are entitled to their costs for the significant and prolonged litigation.
`The documents must be issued as soon as possible. They have already suffered greatly by the dilatory conduct of the government and there is no reason why they should continue to be at their mercy.`
Liesl Muller of Lawyers for Human Rights said the case was about one simple thing â€` dignity.
`The application was opposed to the bitter end, this despite two of the applicants providing DNA evidence of their link to a South African parent and two others having government-issued proof of their links.
`Our clients expressed overwhelming relief … It may have been a seven-year legal battle; for them it has been a life-long struggle.`
www.samigration.com V.3127

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.

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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.

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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.

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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.

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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.

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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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