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

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026
Facebook X (Twitter) Instagram
Trending
  • How body corporate meetings are chaired and regulated in sectional title schemes
  • Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest
  • Company loses R3.5 million claim after its own witness destroys the case
  • High Court tells mother of twin sisters to ask judge to enforce school registration order
  • Former Tshwane councillor unlawfully authorised roadside businesses in Mamelodi
  • Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts
  • The truth about estate gate licence scans that everyone is getting wrong
  • Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa
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

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026

High Court tells mother of twin sisters to ask judge to enforce school registration order

August 21, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   1   =  

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
Sectional Title Law
4 Mins Read

How body corporate meetings are chaired and regulated in sectional title schemes

By Ashwini SinghAugust 21, 20264 Mins Read

A practical guide to the appointment, powers and legal duties of body corporate chairpersons, and the remedies available when meeting procedures are not followed.

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026

High Court tells mother of twin sisters to ask judge to enforce school registration order

August 21, 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

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

10 landmark Constitutional Court cases that changed South African law

August 16, 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