Date: 06/09/2022
LHR’s Statelessness Project is in the Pretoria High Court today representing a stateless person who has waited 4 years for a decision from the Department of Home Affairs (DHA) on his application for legal status.
Mr. Kganyapa has lived in South Africa for over 40 years. He was born in Lesotho in 1961 and fled to South Africa in the early 1980s following the political assassination of his father. In the early 1990s, ahead of the first democratic elections in 1994, DHA issued him a South African identity document (ID). This ID was renewed in 2010 and he was even issued a South African passport. The issuing of these documents gave Mr. Kganyapa the legitimate belief that he had been granted South African citizenship, and his good faith reliance on the documentation led him to establish a life in South Africa; for decades he continued to live and work in South Africa, he voted in every election since the 1994 elections, he got married and started a family in South Africa. South Africa was home.
It was only in 2014 that Mr. Kganyapa discovered that the DHA had invalidated his South African documentation by blocking or marking his ID. He discovered this after his bank account was frozen and he was directed to make an enquiry at DHA. He was informed that DHA had taken this decision on suspicion of him being an “illegal foreigner”. His attempts to explain how he had obtained he documentation and to get the block or marker lifted were unsuccessful. To make matters worse, Mr. Kganyapa soon his realised his problems were bigger when he approached the Lesotho authorities for assistance, and he was informed that he was no longer recognised as a citizen of Lesotho. He was stateless.
Mr. Kganyapa has been living in a legal limbo since 2014. Without a nationality and identity documentation he cannot work and support his family anymore, he cannot register his marriage, he cannot register the births of his two minor children who were born in South Africa, and he cannot travel anywhere. He lives in constant fear of arrest and detention.
This case highlights two important legal issues:
In Director General of the Department of Home Affairs v De Saude Attorneys [2019] ZASCA 46 (29 March 2019), the Supreme Court of Appeal addressed the DHA’s unreasonable delay in processing over 400 visa and permit applications. The SCA specifically noted the impact of these undue delays on applicants:
“For a foreigner in South Africa these permits are the single most important documents that they can possess. It is the basis of their legal existence in this country. Every aspect of their lives – the ability to travel freely (S 21 of the Constitution); the ability to work and put food on the table for their families (a component of the right to dignity in S 10 of the Constitution and see Minister of Home Affairs v Watchenuka….); the ability to keep their children in school (SS 28 and 29 of the Constitution); and the basic right to liberty (S21 of the Constitution) – is dependent on the physical possession of a valid permit.”
Not only must Mr. Kganyapa grapple with the same issues, but he also faces the additional vulnerability of being stateless indefinitely.
For more information, please contact:
Nothando Shongwe
Legal Advisor: Statelessness Project
Lawyers for Human Rights
Thandeka Chauke
Head: Statelessness Project
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Date: 03/12/2020
PRESS STATEMENT | South Africa’s Department of...
In 2019 the Southern African Litigation Centre (SALC) launched an application in the Western Cape High Court challenging the decision...
Date: 16/11/2020
PRESS STATEMENT | “South Africa belongs to...
Elizabeth was born in Lesotho to a Basotho mother and a South African father. She moved to South Africa when...
Date: 13/11/2020
PRESS STATEMENT | UN Special Rapporteur for...
The United Nations Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean,...
Date: 13/11/2020
PRESS STATEMENT | LHR and Sonke Gender...
Lawyers for Human Rights (LHR) will be representing Sonke Gender Justice (Sonke) who have brought an application to the Court...
Date: 10/11/2020
PRESS STATEMENT | Ahmed Timol murder-accused to...
Lawyers for Human Rights (LHR) will be representing the Southern African Litigation Centre (SALC) who will be appearing as amicus...
Date: 05/11/2020
PRESS STATEMENT | African organisations push for...
In June 2014, the United Nations Human Rights Council adopted resolution 26/9, by which it agreed to establish an open-ended...
Date: 20/10/2020
PRESS STATEMENT | QWELANE VS SOUTH AFRICAN...
On 22 September 2020, the Constitutional Court will hear the case of Jonathan Dubula Qwelane v South African Human Rights...
Date: 21/09/2020
[PRESS STATEMENT] Lawyers for Human Rights to...
On Tuesday, 15 September 2020, Lawyers for Human Rights (LHR), in collaboration with Scalabrini Centre of Cape Town and Corruption...
Date: 15/09/2020
Statelessness in a global pandemic: an old...
A statement by the Southern African Nationality Network (SANN) to the 16th Southern African Civil Society Forum.
Date: 21/08/2020
[VACANCY] LHR seeks Candidate Attorney for eThekwini...
LHR is inviting applications from law graduates with an interest in human rights law and public interest litigation to join...
Date: 31/07/2020
[PRESS STATEMENT] Constitutional Court settles 7-year battle...
The Constitutional Court yesterday handed down judgment in a case launched by Lawyers for Human Rights in 2016, but which...
Date: 23/07/2020
[VACANCY] LHR seeks National Director
LHR is a vibrant, 40-year old non-profit organisation offering specialist public interest legal services in key programme areas such as...
Date: 08/07/2020
[PRESS STATEMENT] Residents of Industry House &...
On 29 June 2020, the High Court in Johannesburg declared section 13 (7) (c) of the South African Police Services...
Date: 01/07/2020
[PRESS STATEMENT] On World Refugee Day, LHR...
As we commemorate world refugee day it is important to uphold the fundamental rights of foreign nationals as equal to...
Date: 20/06/2020
[PRESS STATEMENT] Urgent Litigation on Covid-19 Social...
Lawyers for Human Rights (LHR) supports the Scalabrini Centre of Cape Towns’ urgent litigation to include asylum seekers and special...
Date: 17/06/2020
[PRESS STATEMENT] UN Special Rapporteur Applies to...
Lawyers for Human Rights (LHR) is representing the United Nations Special Rapporteur on the issue of human rights obligations relating...
Date: 15/06/2020
[PRESS STATEMENT] Agreement reached between the Lesetlheng...
This agreement is a significant milestone following protracted litigation and ongoing negotiations between the Lesetlheng community and Pilanesberg Platinum Mine.
Date: 11/06/2020
[PRESS STATEMENT] Fighting For Fatherhood In South...
Lawyers for Human Rights (LHR), representing the Centre for Child Law (CCL), yesterday filed an application with the Constitutional Court...
Date: 10/06/2020
[PRESS STATEMENT] Lawyers for Human Rights Releases...
On Friday, 12 June 2020, via webinar, Lawyers for Human Rights (LHR) will launch its report, “Monitoring Policy, Litigious and...
Date: 09/06/2020
Joint Statement on Child Protection Week: Protecting...
The World Health Organisation describes COVID-19 pandemic as having a devastating impact across the world. Although governments are commended for...
Date: 03/06/2020
[PRESS STATEMENT] Supreme Court of Appeal upholds...
Lawyers for Human Rights (LHR) welcomes the judgment handed down in the Supreme Court of Appeal on 29 May 2019,...
Date: 01/06/2020
[PRESS STATEMENT] TERS extended to workers not...
Lawyers for Human Rights (LHR) welcome the amendments to the Covid-19 Temporary Employer/Employee Relief Scheme (TERS) which extend the definition...
Date: 27/05/2020
Joint Statement: In Solidarity with the Stateless
An urgent call to states, donors and other stakeholders to promote and protect the rights of stateless persons in their...
Date: 27/05/2020
LHR Launches Constitutional Challenge on Behalf of...
Lawyers for Human Rights has launched an urgent application on behalf of informal waste reclaimers in Tshwane Metropolitan Municipality, seeking...
Date: 26/05/2020
Lawyers for Human Rights Celebrates Africa Day:...
Today, the 25th of May 2020, Lawyers for Human Rights (LHR) celebrates Africa Day. Africa Day is an annual commemoration...
Date: 25/05/2020
High Court rules unmarried fathers can register...
Lawyers for Human Rights (“LHR”) welcomes the judgment handed on 19 May 2020 by Rugunanan J of the Makhanda High...
Date: 24/05/2020
Marievale Community Successfully Fights Illegal Eviction by...
In an urgent court hearing yesterday night, Lawyers for Human Rights again successfully defended the Marievale community, a small village...
Date: 22/05/2020
Strandfontein Homeless Action Committee v City of...
It is with regret that Lawyers for Human Rights announces that it has withdrawn as the attorneys of record for...
Date: 21/05/2020
Strandfontein Homeless Committee Takes on City of...
On Monday 18 May 2020, the Strandfontein Homeless Action Committee (SHAC), represented by Lawyers for Human Rights, initiated legal proceedings...
Date: 19/05/2020
Joint Statement on Workers Day 2020
A joint statement by the Universal Rights Association, Africa Diaspora Forum, the Consortium for Refugees & Migrants in South Africa,...
Date: 01/05/2020
High Court declares parts of the new...
In the matter of Lawyers for Human Rights and Others v Minister of Home Affairs and others, LHR acting in...
Date: 01/01/2003
Lawyers for Human Rights wins landmark decision...
Lawyers for Human Rights won a landmark case against the Department of Home Affairs and the Airports Company of South...
Date: 01/01/2002
Refugee rights dropped from world racism conference
Following the controversial debate surrounding reparations, the Geneva preparatory meeting of the UN World Conference Against Racism has recently decided...
Date: 01/01/2001
Human rights group plan court action over...
HUMAN rights lawyers are threatening legal action against the home affairs department for ordering border posts to turn back asylum-seekers...
Date: 01/01/2001
Die Okkupeerder: a Resource Manual for Eviction...
At the end of May 1999, the Security of Farm Workers Project launched a booklet called “Die Okkupeerder: A resource...
Date: 31/05/1999
LHR to Challenge Discriminatory Impact of COVID-19...
Lawyers for Human Rights will appear before the Pretoria High Court today on behalf of five groups of informal waste...
Date: 07/04/2020
NIAWG Advocacy Statement on COVID-19 and vulnerable...
The NIAWG calls on all concerned stakeholders and authorities to make every effort to prevent any form of harm and...
Date: 08/04/2020
LEGAL SUPPORT HOTLINE DURING #LOCKDOWNSA
Public Interest Law organisations working together, to make sure human rights are respected and protected during the COVID19 lock-down in...
Date: 31/03/2020
LHR’s Human Rights Day Statement
On this Human Rights Day, amidst the growing COVID-19 threat, Lawyers for Human Rights calls on all in South Africa...
Date: 21/03/2020
LHR Responds to COVID-19
On Sunday, 15 March 2020, President Cyril Ramaphosa declared a national state of disaster due to the COVID-19 virus outbreak....
Date: 16/03/2020
Constitutional Court rules president’s suspension of SADC...
Lawyers for Human Rights welcomes the Constitutional Court’s judgement, handed down yesterday, 11 December 2018, in the matter of Law Society...
Date: 12/12/2018
Urgent appeal to support LHR client after...
Lawyers for Human Rights is making an urgent appeal for assistance after a recent judgement by the Johannesburg High Court,...
Date: 21/10/2019
Supreme Court of Appeal secures the right...
LHR welcomes the judgment handed down by Maya P in the Supreme Court of Appeal on Monday, 8 July 2019,...
Date: 08/07/2019
Sexual offences courts critical in the fight...
Organisations in the gender-based violence sector were shocked to learn that the Department of Justice intends to investigate the possibility...
Date: 15/05/2017
Police failure to assist complainants in terms...
Lawyers for Human Rights (LHR) is deeply unsatisfied with the South African Police Service (SAPS) and Civilian Secretariat for Police...
Date: 30/09/2017
LHR rejects normalisation of violence against women
Lawyers for Human Rights (LHR) is shocked to learn that Deputy Minister of Higher Education, Mduduzi Manana, allegedly assaulted two...
Date: 07/08/2017
#NotOurLeaders campaign launched during 16 days of...
#NotOurLeaders Campaing launched by Women and Democracy Initiative, Lawyers for Human Rights and gender violence specialist during 16 Days of...
Date: 24/11/2017
No more time limit to prosecute sexual...
On Thursday 14 June 2018, the South African Constitutional Court (Court) issued an unanimous judgment confirming that there will be...
Date: 15/06/2018
LHR supports #TheTotalShutDown
Lawyers for Human Rights (LHR) supports #TheTotalShutDown, the national intersectional womxn’s march against gender based violence. All LHR women and...
Date: 01/08/2018
#NotOurLeaders
Equality Court to hear case on the...
On 26 November 2018, the Lawyers for Human Rights (LHR) will appear in the Cape High Court, sitting as an...
Date: 25/11/2018
LHR on announcement that there is no...
On Monday, 2 September, the South African government on Twitter called on women to “speak out”, and “not allow themselves...
Date: 03/09/2019
Victory for Jade September and the transgender...
On Monday 23 September 2019, the Equality Court in the Western Cape handed down judgment in the matter of September...
Date: 23/09/2019
Judgment in the case of J September
Lawyers for Human Rights, the Legal Resources Centre, and Gender Dynamix cordially invite you to a press conference, on judgment...
Date: 16/09/2019
African organisations push for binding treaty on...
As part of the latest round of negotiations on the U.N. Binding Treaty on transnational corporations and other business enterprises...
Date: 01/10/2019
Marievale Community in court today to fight...
In November and December 2017 members of the SANDF stormed into the homes of about 150 families residing in a...
Date: 17/04/2018
Mayor of Lusikisiki for contempt of a...
15 April 2018 — On Friday, 13 April 2018, the New Rest community witnessed justice in action when the Mayor...
Date: 15/04/2018
Victory for the homeless
LHR represents a group of homeless people who reside at Prince’s Park, on the corner of Prince’s Park Road and...
Date: 03/04/2018
Mr Godfrey Mtenje and his family fight...
The matter of Mr Godfrey Mtenje will continue be heard in the Land Claims Court of South Africa on the...
Date: 19/03/2018
Victory for mining host communities in 2017...
This morning, the Pretoria High Court postponed the judicial review of the Mining Charter published last year by Minister of...
Date: 19/02/2018
LHR notes the statements released by the...
LHR notes the statements released by the Chamber of Mines and the Department of Mineral Resources regarding postponement of the...
Date: 19/02/2018
Mining host communities in court to challenge...
Beginning tomorrow, four mining affected communities represented by Lawyers for Human Rights will be in the Pretoria High Court to...
Date: 18/02/2018
In memory of Rudolph Jansen
Long-time human rights lawyer, Rudolph Jansen, who fought against injustice on behalf of the poor and marginalized for over three...
Date: 27/11/2017
LHR is delighted that the Pretoria High...
LHR is delighted that the Pretoria High Court today ruled that four of its clients, should be allowed to intervene...
Date: 14/11/2017
Mary Rahube // Hedsrine Rahube & others...
Today, the High Court of South Africa, Gauteng Division, Pretoria handed down judgment in the case of Mary Rahube, a...
Date: 26/09/2017
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