Statelessness in the spotlight in the Supreme Court of Appeal: Minister of Home Affairs and others v DGLR and another (Case number 1051/2015 SCA)
Tomorrow, the 6th of September 2016 the Supreme Court of Appeal (SCA) will hear the case of an 8 year old stateless child who was born in South Africa. The Department of Home Affairs is appealing a judgement of the Pretoria High Court in which a stateless child was declared to be a South African citizen in terms of section 2(2) of the South African Citizenship Act. This provision was entered into the Act in order to protect children from statelessness. It provides SA citizenship to children born stateless in South Africa.
DGLR was born in Cape Town to Cuban parents in 2008. Cuban law does not allow children to obtain Cuban citizenship if they were born outside of Cuba to parents who are considered "permanent emigrants" (Cubans who have lived outside of Cuba for more than 11 months). South African law gives citizenship based on the South African citizenship of the parents. Because DGLR's parents are Cuban, she cannot be South African. She is stateless. Section 2(2) of the Citizenship Act gives SA citizenship to such children born in SA, but the Department refuses to implement the section leaving DGLR stateless for 8 years.
The High Court also ordered the Minister to make regulations to section 2(2) to facilitate its implementation. This order is also being appealed. Without regulations it is impossible to implement section 2(2).
Follow this link to watch the short video on the case:https://youtu.be/ih5keCYFHyM
For more information, please contact Liesl Muller on 011339 1960 or Carol Mohlala on 061 906 0353