Lawyers for DRC family go to court over right to SA citizenship

Source: Business Day, 05/03/2018

A couple originally from the Democratic Republic of Congo (DRC) have
found themselves stateless after renouncing their citizenship in
order to be naturalised as South Africans.
While one of their children has been granted South African
citizenship‚ the youngest child, who was born in 2017, failed to gain
the same status and may not be able to access services offered by
public facilities in SA.
A law firm has brought an application in the High Court in Cape Town
that seeks clarity on how long a permanent resident must reside in SA
before he or she is eligible for citizenship.
The question came into the spotlight last week when the public
protector ordered the Department of Home Affairs to review the 10-
year waiting period for permanent residents to apply for
naturalisation and ensure it aligned with the five-year period in the
Citizenship Act.
The public protector dealt with complaints from foreign nationals who
were told they needed to be permanent residents of SA for 10 years to
qualify for naturalisation.
De Saude Attorneys is acting for the Mulowayi family‚ which has been
in the country since the early 2000s.
Florette Mulowayi has lived and worked in SA since 2002‚ when she
left her home country as a refugee. Her husband‚ Nsongoni‚ joined her
in 2004.
Since they have been in SA‚ the couple have had three children all
born here‚ one of whom died.
The family was left stateless after being denied South African
citizenship‚ despite meeting all the requirements.
Florette and Nsongoni were granted permanent resident permits in 2011
and waited five years before applying for citizenship. Even after
renouncing their DRC citizenship‚ their applications for
naturalisation were denied.
While two of their eldest children were granted South African
citizenship and received their South African birth certificates‚
their youngest child, born in March 2017, was not recognised as a
citizen of SA.
`This has created a bizarre situation where two parents are stateless
but South African permanent residents, one minor is a South African
citizen, and another minor son is stateless and without any status in
SA at all‚` said Stefanie de Saude-Darbandi‚ director of De Saude
Attorneys.
She said the couple realised that‚ as an undocumented minor‚ their
youngest son was unable to turn to local hospitals or clinics should
he fall ill. She said even basic procedures such as applying for
schooling or booking a flight is impossible.
De Saude-Darbandi said the family‚ from Kensington in Johannesburg‚
brought an application to seek clarity on the waiting period for
foreign nationals to seek naturalisation.
She said the family also sought clarification on whether the
department was under the obligation to recognise the couple’s 11-
month-old son as a South African citizen by birth.
`The outcome of this case‚ which was scheduled to be heard in the …
high court on November 23 but was postponed … will determine whether
the Mulowayis’ son has claim to citizenship and the Constitutional
rights such citizenship would afford him.`
The case has been set down for March.