The Constitutional Court yesterday handed down judgment in a case launched by Lawyers for Human Rights in 2016, but which started with negotiations with the Department of Home Affairs as far back as 2013. The applicants ask for one simple thing: dignity. Dignity, in this case, comes in the form of citizenship â€` the vessel for membership, belonging, safety and security in a world based on States.
The 5 applicants in Chisuse and Others v Director General, Department of Home Affairs and Another [2020] were each born to a South African citizen parent, outside of the Republic of South Africa. Each applicant returned to South Africa at some point after their birth. Often, they returned to be with family, some were returned as children (without their parents) to stay with South African grandparents, some returned because it became apparent that they were not citizens of the country of their birth. The result was the same, they were living in South Africa, the country they are linked to by blood, without recognition of citizenship and without the option of citizenship anywhere else. They were made stateless in the country of their ancestors.
The applicants, represented by the Lawyers for Human Rights (LHR) Statelessness Project, argued that the South African Citizenship Act must be unconstitutional if it excludes them from South African citizenship. The High Court agreed and made an order in 2018 declaring the applicants to be South African citizens and ordering the Department of Home Affairs to issue them with ID documents and birth certificates. The order of constitutional invalidity had to be confirmed by the Constitutional Court and was vehemently opposed by the Department until the bitter end. This despite at least two applicants being able to provide DNA evidence of their link to a South African parent. Two other applicants had government issued proof of their link to South African parents.
In

a unanimous judgment, penned by Khampepe J, the court vindicated the applicants and said:
“Citizenship and equality of citizenship is therefore a matter of considerable importance in South Africa, particularly bearing in mind the abhorrent history of citizenship deprivation suffered by many in South Africa over the last hundred and more years. Citizenship is not just a legal status. It goes to the core of a person’s identity, their sense of belonging in a community and, where xenophobia is a lived reality, to their security of person.”
The Court upheld the applicants’ pre-existing right to citizenship in terms of the Citizenship Act. Instead of finding that the Act is unconstitutional, it followed the established principles of interpretation and found that the Act is capable of an interpretation which honours the spirit of the Constitution. The Court found that the applicants and those similarly placed (persons who are born to South African citizens abroad at any point before or after 2013) fall under section 2(1)(b) of the Citizenship Act and are therefore citizens by birth.
“Access to citizenship is not only at the core of a person’s dignity, it is crucial to the achievement of our Constitutional aims which includes recognising the injustices of our past and healing those divisions to create a united and democratic South Africa while freeing the potential of every person” said Liesl Muller, attorney for the applicants.
Our clients expressed overwhelming relief and hope when the Constitutional Court saw them and called them each by name, declaring them to be South African citizens. It may have been a 7-year legal battle, but for these South Africans it has been a life-long struggl
www.samigration.com V.4361

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.

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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.

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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