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

Kubayi rejects calls to restore death penalty, says South Africa must never return to barbarism

July 11, 2026

Bank dishonesty database listings cannot be challenged, tribunal tells former ABSA employee

July 11, 2026

Restraint of trade: Where contract, competition and constitutional rights intersect

July 10, 2026
Facebook X (Twitter) Instagram
Trending
  • Kubayi rejects calls to restore death penalty, says South Africa must never return to barbarism
  • Bank dishonesty database listings cannot be challenged, tribunal tells former ABSA employee
  • Restraint of trade: Where contract, competition and constitutional rights intersect
  • Four missed opportunities might have stopped the Enyobeni tragedy, magistrate finds
  • Department failed to hear farmers before granting 20-year water licence for Lambert’s Bay
  • Motor dealer duped into paying R220,000 for non-existent vehicle sale
  • Renowned advocate Moafrika Wa Maila says group demanded his ID in Pretoria
  • Unisa must issue amended LLB certificate to graduate who lawfully changed surname
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Stateless child of Rwandan refugees to gain South African citizenship within 3 months
Law & Justice

Stateless child of Rwandan refugees to gain South African citizenship within 3 months

Kennedy MudzuliBy Kennedy MudzuliMarch 14, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
The Marabastad refugee reception office in Pretoria.
Share
Facebook Twitter LinkedIn Pinterest Email

A stateless child minor child born to Rwandan refugees has been declared a citizen of South Africa by the Gauteng High Court in Pretoria.

The case was brought forward by the child’s parents, who have been legally recognised as refugees in South Africa since 2011. They sought recognition for their youngest daughter, born in 2015, who was rendered stateless due to amendments in the Citizenship Act affecting children born after 1 January 2013. 

Prior to 2013, South African law permitted children born within the country to acquire citizenship if at least one parent held permanent resident status at the time of birth. However, legislative changes in 2013 restricted citizenship by birth to cases where at least one parent was a South African citizen, leaving the little girl and many others in legal limbo. 

When the Directorate General of the Department of Home Affairs rejected the citizenship request for their child, it was argued that granting the application would exceed legal authority. However, the High Court found this refusal unlawful, citing the paramount nature of the child's best interests, a principle deeply embedded in South African law. 

In his ruling, Judge A Millar emphasised the child’s birth in South Africa, her properly registered birth certificate, and most significantly, her lack of any other citizenship. The decision demonstrates South Africa's commitment to preventing statelessness, aligning with international legal principles despite the country's limited formal treaty obligations regarding stateless persons. 

The court acknowledged the complex situation of the parents who, as refugees, cannot approach Rwandan authorities for their child's documentation without risking their protected status. This created an untenable situation where their elder daughter, a South African citizen, enjoyed rights denied to her younger sibling solely due to the timing of her birth. 

Judge Millar said in the ruling, "Having a right without being able to exercise that right leaves a person with no right at all." The ruling compels the Department of Home Affairs to register as a South African citizen within three months and orders the state to cover the application costs.

#Conviction

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

Kubayi rejects calls to restore death penalty, says South Africa must never return to barbarism

July 11, 2026

Bank dishonesty database listings cannot be challenged, tribunal tells former ABSA employee

July 11, 2026

Four missed opportunities might have stopped the Enyobeni tragedy, magistrate finds

July 10, 2026
Leave A Reply Cancel Reply

Prove your humanity: 8   +   2   =  

Subscribe to our newsletter:
Top Posts

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

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Constitutional Law
4 Mins Read

Kubayi rejects calls to restore death penalty, says South Africa must never return to barbarism

By Kennedy MudzuliJuly 11, 20264 Mins Read

Justice Minister Mmamaloko Kubayi has rejected calls to restore the death penalty, saying South Africa must uphold the constitutional right to life and never return to the brutality of capital punishment.

Bank dishonesty database listings cannot be challenged, tribunal tells former ABSA employee

July 11, 2026

Restraint of trade: Where contract, competition and constitutional rights intersect

July 10, 2026

Four missed opportunities might have stopped the Enyobeni tragedy, magistrate finds

July 10, 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

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
OUR PICKS

Trustees clamp down on Airbnb rentals pending owners’ final decision at February AGM

July 7, 2026

Labour Court finds CPUT unfairly dismissed long-serving employee for ill health

July 8, 2026

Labour Court says CCMA cannot block expert evidence in workplace alcohol dismissal disputes

July 3, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

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