News / National
South Africa court orders Home Affairs to recognise man’s citizenship
2 hrs ago |
95 Views
The North Gauteng High Court in Pretoria has dismissed an application by South Africa's Minister of Home Affairs and the Director-General of Home Affairs to overturn an earlier judgment declaring foreign national Mikhail Sakharov a South African citizen by naturalisation.
In a ruling delivered by Judge Selemeng Mokose, the court refused to rescind a September 2024 order directing the Department of Home Affairs to recognise Sakharov's citizenship, register his birth and issue him with a South African identity document.
The court also found the department in contempt for failing to comply with the original order.
According to court papers, Sakharov obtained permanent residence in South Africa in December 2013 and had been married to a South African citizen for more than five years when he sought to apply for citizenship by naturalisation.
However, officials allegedly refused to accept his application, insisting that he first apply for verification of his permanent residence permit.
Sakharov subsequently approached the North Gauteng High Court in 2024 to challenge the department's refusal.
The matter proceeded unopposed, and in September 2024 the court declared him a South African citizen by naturalisation and ordered the Department of Home Affairs to complete the necessary administrative processes within 30 days.
Nearly a year later, the department applied for condonation for the late filing of an application seeking to rescind that order, arguing that additional time had been required to gather information and reconstruct the history of the case.
Judge Mokose rejected the explanation, finding that the department had failed to provide a satisfactory reason for the approximately 11-month delay.
The department further argued that Sakharov had not complied with internal procedures requiring verification of his permanent residence status before a citizenship application could be considered.
The court rejected that submission, holding that neither the South African Citizenship Act nor its regulations require such a procedure.
Relying on previous decisions of the Supreme Court of Appeal, Judge Mokose ruled that once an applicant satisfies the statutory requirements for naturalisation, government officials have no discretion to refuse the application.
The court further found that Home Affairs officials had knowingly failed to comply with the September 2024 order despite being fully aware of its existence.
The judgment described the department's non-compliance as wilful and mala fide, stating that disregard for court orders undermines both the rule of law and public confidence in the justice system.
Judge Mokose ordered that the Minister of Home Affairs and the Director-General of Home Affairs face imprisonment for 90 days should the department fail to comply with the original citizenship order within 15 days of receiving the latest judgment.
The court also ordered the Department of Home Affairs to pay Sakharov's legal costs on the punitive attorney-and-client scale, including the costs of two counsel.
In a ruling delivered by Judge Selemeng Mokose, the court refused to rescind a September 2024 order directing the Department of Home Affairs to recognise Sakharov's citizenship, register his birth and issue him with a South African identity document.
The court also found the department in contempt for failing to comply with the original order.
According to court papers, Sakharov obtained permanent residence in South Africa in December 2013 and had been married to a South African citizen for more than five years when he sought to apply for citizenship by naturalisation.
However, officials allegedly refused to accept his application, insisting that he first apply for verification of his permanent residence permit.
Sakharov subsequently approached the North Gauteng High Court in 2024 to challenge the department's refusal.
The matter proceeded unopposed, and in September 2024 the court declared him a South African citizen by naturalisation and ordered the Department of Home Affairs to complete the necessary administrative processes within 30 days.
Nearly a year later, the department applied for condonation for the late filing of an application seeking to rescind that order, arguing that additional time had been required to gather information and reconstruct the history of the case.
Judge Mokose rejected the explanation, finding that the department had failed to provide a satisfactory reason for the approximately 11-month delay.
The department further argued that Sakharov had not complied with internal procedures requiring verification of his permanent residence status before a citizenship application could be considered.
The court rejected that submission, holding that neither the South African Citizenship Act nor its regulations require such a procedure.
Relying on previous decisions of the Supreme Court of Appeal, Judge Mokose ruled that once an applicant satisfies the statutory requirements for naturalisation, government officials have no discretion to refuse the application.
The court further found that Home Affairs officials had knowingly failed to comply with the September 2024 order despite being fully aware of its existence.
The judgment described the department's non-compliance as wilful and mala fide, stating that disregard for court orders undermines both the rule of law and public confidence in the justice system.
Judge Mokose ordered that the Minister of Home Affairs and the Director-General of Home Affairs face imprisonment for 90 days should the department fail to comply with the original citizenship order within 15 days of receiving the latest judgment.
The court also ordered the Department of Home Affairs to pay Sakharov's legal costs on the punitive attorney-and-client scale, including the costs of two counsel.
Source - timeslive
Join the discussion
Loading comments…
