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South Africa court upholds citizenship rights of foreign spouse despite Home Affairs non-compliance
Photo: IOL
2026-07-06 05:10   Justice   15

South Africa court upholds citizenship rights of foreign spouse despite Home Affairs non-compliance

The North Gauteng High Court in Pretoria has rejected an application from the Minister of Home Affairs to overturn a previous ruling that granted Mikhail Sakharov, a foreign national married to a South African citizen, South African citizenship by naturalisation.

Judge Selemeng Mokose found the department in contempt for failing to comply with a September 2024 order that directed Home Affairs to recognise Sakharov's citizenship, register his birth, and issue an identity document.The court ruled that the department's 11-month delay in addressing the case was wilful and mala fide, undermining the rule of law.

Sakharov, who had been married to a South African citizen for over five years and held permanent residence since 2013, faced repeated refusals from Home Affairs to process his citizenship application.The court emphasized that once statutory requirements are met, officials have no discretion to refuse applications.

The judgment orders the minister and director-general of Home Affairs to comply with the citizenship order within 15 days or face 90 days' imprisonment.The case highlights systemic failures in administrative compliance and the judiciary's role in enforcing legal obligations.

Full reading at IOL

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