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Family caught up in home affairs nightmare

Source: Times Live, 11/12/2017


When Florette and Nsongoni Mulowayi renounced their Democratic
Republic of Congo citizenship, it was with the promise of a new life
in a country they `want to serve`.
Their eldest son had already been granted citizenship, having been
born in South Africa in 2011, and they thought awarding the same
status to them and their baby would be a formality.
But despite meeting all the requirements to be naturalised, the former
refugees were left out in the cold when the Department of Home Affairs
told them they would have to be permanent residents for 10 years -
double the period stipulated in the Citizenship Act - before being
considered for naturalisation,
As a result the parents are stateless but South African permanent
residents. One child is a South African citizen. Another is stateless
and without any status in South Africa.
The couple, who received permanent residency permits in 2011, are now
seeking clarity from the High Court in Cape Town over what they
believe is an incorrect application of the law by home affairs.
Their lawyer, Stefanie de Saude-Darbandi, said the Citizenship Act
required only five years of `continuous` residency before a permanent
resident can apply for naturalisation.
Home affairs was incorrectly applying a regulation of the act which
stipulated that the period of ordinary residence referred to in the
act is `10 years immediately preceding the date of application for
naturalisation`.
De Saude-Darbandi`s assessment was confirmed by home affairs
director-general Mkuseli Apleni, who said: `There is no number of
years [prescribed for being a refugee]. Once you are granted permanent
refugee status you can apply for permanent residency. [Then] you must
meet the five years as a permanent residence holder. Once you finish
the five years you can apply for naturalisation.`
This contradicted the reasons for rejection his department gave the
Mulowayis, and De Saude-Arbandi said: `Home affairs don`t stick with
the law and [if] they do it`s when it suits them, even if the law is
wrong.
`Incompetence, inconsistency and constant policy flip-flops by [home
affairs] are causing chaos among foreigners seeking residence and
citizenship in South Africa.`
Florette and Nsongoni - a biochemist and medical doctor respectively -
fled to South Africa as asylum seekers in the early 2000s amid civil
war and political instability. They struggle to get work, and Nsongoni
is forced to take short-term contracts in neighbouring countries to
provide for their family.
`The way we are treated is as if we are beggars,` said Florette. `We
consider South Africa as our home and we want to use our skills to
serve here.`
Lotte Manicom, advocacy officer at the Scalabrini Centre in Cape Town,
said restrictive immigration and birth registration laws were creating
a pool of people at risk of statelessness: `Groups of undocumented
people are not conducive to a functioning state. Statelessness is
therefore not only a problem for the individuals involved, but an
issue the South African state has an interest in resolving.`
The Mulowayis` case is due to be heard in March.


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