Intro paragraph:
On 27 February 2023, the Gauteng High Court handed down judgment in favour of Tebogo Khoza, ordering the Department of Home Affairs (DHA) to register Tebogo’s birth in terms of the Birth and Deaths Registration Act, to declare Tebogo a South African citizen in terms of the Citizenship Act, and to accept and adjudicate applications for citizenship made on behalf of stateless children under Section 2(2) of the Citizenship Act on affidavit. The court also issued a finding that DHA’s failure to comply with previous court orders directing it to promulgate regulations that give effect to certain provisions in the Citizenship Act “amounts to contempt of court”.
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