This landmark judgment sets a significant precedent for others in similar circumstances.

Specialist Immigration Lawyer Ashraf Essop highlighted the importance of the ruling, stating that it provides much-needed clarity on statelessness, a situation the SA Constitution seeks to prevent. "The judge highlighted the paramount importance of safeguarding the child’s rights, particularly their right to a name and nationality," Essop said.

The case hinged on legislative changes made in 2013 to SA’s Citizenship Act. Prior to these amendments, children born to permanent resident parents automatically acquired South African citizenship by birth. However, the revised law did not account for children born to refugee parents with permanent residency status.

The court found that the child met the conditions outlined in the Citizenship Act, which stipulates that individuals born in SA without a claim to any other nationality are entitled to citizenship. The Department of Home Affairs had argued that the child could claim Rwandan citizenship, but the court dismissed this, noting that Rwandan law does not grant nationality to those born outside the country.

The court also rejected the department’s suggestion that the child should apply for refugee status, given that their parents had already sought asylum in SA. Granting the child refugee status, Essop explained, would contradict the protections afforded by the Refugees Act.

This ruling reinforces SA’s commitment to preventing statelessness and sets a legal precedent for other children in similar situations. "If you don’t have the ability to claim citizenship elsewhere, and you’re born in SA, the law recognises you as a citizen by birth," Essop concluded.

--ChannelAfrica--