Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Don’t call me resilient: Why unemployed youth need support, not praise for coping

October 10, 2026

Ramaphosa, Kubayi and Justice Maya congratulate Judge Pillay on Nobel Peace Prize

October 10, 2026

Do not ask Soweto to ‘Siyazenzela’ the State’s school maintenance job, argues Sandile Memela

October 9, 2026
Facebook X (Twitter) Instagram
Trending
  • Don’t call me resilient: Why unemployed youth need support, not praise for coping
  • Ramaphosa, Kubayi and Justice Maya congratulate Judge Pillay on Nobel Peace Prize
  • Do not ask Soweto to ‘Siyazenzela’ the State’s school maintenance job, argues Sandile Memela
  • Divorce law excluding pension benefits from asset redistribution declared unconstitutional
  • ANC rules did not allow Mbalula to remove Andile Lungisa from candidate list, judge finds
  • Government weighs Constitutional Court appeal on asylum ruling amid unrest
  • Home Affairs cannot use lack of capacity to avoid asylum obligations, says immigration attorney
  • Home Affairs withdraws asylum directive amid violent anti-migrant protests
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Foreign national married to South African wins citizenship, Home Affairs found in contempt
Civil Law

Foreign national married to South African wins citizenship, Home Affairs found in contempt

The High Court has upheld an earlier order granting a foreign national South African citizenship. The court also found Home Affairs in contempt for failing to comply.
Kennedy MudzuliBy Kennedy MudzuliJuly 3, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • Home Affairs tried but failed to overturn an order that gave South African citizenship to a permanent resident.
  • Judge Sni Mokose found the Minister and Director-General in contempt for ignoring the court’s order.
  • The department has 15 days to comply. If they do not, the two officials could face imprisonment.

A foreign national married to a South African citizen has won another round in court. The High Court in Pretoria dismissed Home Affairs’ attempt to overturn an earlier order declaring him a South African citizen by naturalisation.

Judge Sni Mokose delivered the judgment, dismissing an application by the Minister of Home Affairs and the Director-General to set aside a September 2024 order that granted Mikhail Sakharov South African citizenship.

The court also found the Minister and the Director-General in contempt for failing to comply with that order. The judge warned they could face 90 days in prison if they do not comply within 15 days.

Long-running dispute

Sakharov was granted permanent residence in South Africa in December 2013. He had been married to a South African citizen for more than five years and believed he qualified for citizenship by naturalisation.

When he went to Home Affairs in November 2023, officials refused to accept his citizenship application. They told him he first had to apply for verification of his permanent residence permit.

After Home Affairs stood its ground, Sakharov turned to the High Court. In September 2024, the court ruled in his favour, declaring him a South African citizen by naturalisation. The court ordered Home Affairs to register his birth, issue a written recognition of his citizenship, and provide him with a South African identity document.

Instead of complying, Home Affairs launched an application nearly a year later to try to set aside the judgment. The department argued that the original application had not been properly served, and that Sakharov had not followed its internal verification process.

Court rejects Home Affairs’ arguments

Judge Mokose found that Home Affairs failed to give a good reason for the long delay in bringing the rescission application. The judge said the applicants had not fully explained why it took over 11 months to launch their application.

The court also rejected the department’s reliance on its Standard Operating Procedures. Judge Mokose said the department’s defence, based on non-compliance with its own procedures, had no merit.

The court referred to a previous Supreme Court of Appeal judgment which found that, once a person meets the requirements of the Citizenship Act, Home Affairs has no discretion in granting citizenship. The court also found that neither the Citizenship Act nor its regulations require permanent residence verification before a citizenship application can be processed.

Officials held in contempt

Sakharov also brought a counter-application, asking the court to hold Home Affairs in contempt for not complying with the September 2024 order.

Judge Mokose found that the department knew about the order but deliberately failed to carry it out. The judge stressed the importance of obeying court orders, saying that ignoring them is an attack on the rule of law.

The rescission application was dismissed with costs. The Minister of Home Affairs and the Director-General were found in contempt and ordered to comply with the earlier citizenship order within 15 days. If they do not, they could be sent to prison for 90 days.

The court also ordered Home Affairs to pay the costs of both the rescission and contempt applications on an attorney-and-client scale. This includes the costs of two counsel.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

contempt of court Home Affairs Mikhail Sakharov naturalisation South African citizenship
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Government weighs Constitutional Court appeal on asylum ruling amid unrest

October 9, 2026

Asylum ruling gives migrants the right to apply, not a guarantee of refugee status

October 8, 2026

Government says misinformation is getting ahead of its response on migration

October 8, 2026
Leave A Reply Cancel Reply

Prove your humanity: 3   +   2   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
6 Mins Read

Don’t call me resilient: Why unemployed youth need support, not praise for coping

By Professor Linda TheronOctober 10, 20266 Mins Read

Professor Linda Theron argues that unemployed young people need supportive families, communities and accessible opportunities, not praise for coping with systemic failures that threaten their mental health.

Ramaphosa, Kubayi and Justice Maya congratulate Judge Pillay on Nobel Peace Prize

October 10, 2026

Do not ask Soweto to ‘Siyazenzela’ the State’s school maintenance job, argues Sandile Memela

October 9, 2026

Divorce law excluding pension benefits from asset redistribution declared unconstitutional

October 9, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

APRAV welcomes new RAF boss and rejects Road Accident Benefit Scheme revival plan

October 9, 2026

Rhodes deputy VC acknowledges student debt concerns; spokesperson refers arrests to SAPS

October 5, 2026

AI-polished images and ‘Satin’ badges made a polyester Shein dress look premium

October 4, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by