13-year fight for marriage papers

Source: The Witness, 15/12/2015

Pietermaritzburg - After fighting a losing battle with the ¬Department
of Home Affairs for nearly 13 years to obtain an unabridged marriage
certificate, a local attorney has turned to the high court in
desperation.


Even a letter sent to Home Affairs Minister Malusi Gigaba in July this
year, appealing for help, went unanswered, according to court
¬papers.


Silvia van Amsterdam (who practises as ¬Silvia da Silva and
Associates) and her ¬husband, Glen, need the document so that they can
apply for their three children to be granted Portuguese nationality
and qualify for ¬European Union passports.


According to court papers, when Van Amsterdam initially applied for
the unabridged marriage certificate, the children were all minors and
their application for Portuguese nationality would have been free.
But now they are all over the age of 18 years and it will cost R4 795
per child to apply.


In terms of an interim court order granted by Judge Isaac Madondo
yesterday, Home ¬Affairs must show cause on January 14, 2016, why a
final order should not be granted directing the department to provide
the couple with an unabridged marriage certificate, or at least a
letter stating that the unabridged marriage certificate cannot be
located.


The couple have also asked the court to order Home Affairs to foot the
R14 385 bill they will have to pay in order for their children to now
apply for Portuguese nationality.


Silvia van Amsterdam says in her affidavit she was born in Mozambique
and is a Portuguese national.


She and her husband — whom she married on March 16, 1985 — decided
their children should also apply for Portuguese nationality. Among the
documents they need, is an unabridged marriage certificate.


Van Amsterdam describes her countless attempts in vain to obtain the
document from Home Affairs from March 2003. She said she had dealt
with Home Affairs official Sandra Singh, who was "most
unhelpful".


On at least one other occasion she described Singh as "confrontational
and rude". When Van Amsterdam said she would approach the press and
the high court, Singh told her: "You do just that", she said.


Van Amsterdam also had numerous meetings with, made phone calls to and
sent SMSes to the head of the Pietermaritzburg branch of the
Department of Home Affairs, whom she identified as a "Mr Luthuli".


All to no avail.


She also sent an e-mail to Dandre Jacobs at Home Affairs in Pretoria,
whom she was told had helped other members of the public with similar
problems to her own, but she too "unfortunately" did not reply to the
e-mail, said Van Amsterdam.


"Our children are being severely prejudiced by the respondent`s [Home
Affairs] ¬ineptitude," she said.