A South African man, identified in court documents as FS, has successfully challenged the Department of Home Affairs’ (DHA) decision to revoke his citizenship. FS argued that the DHA based its decision on unsubstantiated claims and disregarded evidence proving his South African nationality.
Unfair Loss of Citizenship Creates Hardship
FS, who obtained his South African ID decades ago, is married to a South African woman. Their four children all hold birth certificates confirming their South African citizenship. However, in April 2021, the DHA abruptly revoked FS’s citizenship based on an investigation by an unregistered company. This investigation, conducted by his former employer Eskom, alleged FS was a Zimbabwean national born out of wedlock.
The sudden loss of citizenship had a devastating impact on FS’s life. He lost his job, faced travel restrictions, and became ineligible for social grants. In response, FS presented the court with comprehensive evidence of his South African status, including DNA tests confirming his biological mother is a South African citizen.
Court Rejects Unverified Claims and Protects Human Dignity
Judge Mabaeng Lenyai was critical of the investigation report’s labeling of FS as “illegitimate,” calling it “scandalous and vexatious.” She emphasized the importance of upholding human dignity and criticized the report’s outdated terminology.
Judge Lenyai acknowledged the historical context of many Black South Africans born during apartheid. She stated, “The court takes judicial notice that most black South Africans were born under unfortunate and unfavourable conditions. No one should take advantage of those circumstances or persecute the people affected any further.”
The court declared FS a South African citizen and ordered the DHA to return his confiscated documents, including his passport and smart ID card. Judge Lenyai concluded that FS had a “clear right” to regain his citizenship and criticized the DHA for using “irrelevant and inadmissible” evidence in its decision-making process.
Case Raises Concerns About DHA Procedures
This case raises concerns about the DHA’s handling of citizenship revocation procedures. FS’s experience highlights potential flaws in relying on unverified investigations and disregarding clear evidence of citizenship. The court’s decision underscores the importance of upholding due process and protecting the rights of South African citizens.
The successful outcome of FS’s case could offer hope to others facing similar situations. It emphasizes the importance of legal recourse for those who believe their citizenship has been wrongly revoked. Additionally, the case calls for a review of the DHA’s procedures to ensure fair and evidence-based decision-making regarding citizenship status.
Source: New Zimbabwe
