@nyawuza50: High Court Gives Home Affairs 15 Days to Recognise Foreign National as South African Citizen by Naturalisation or Minister and Director-General Will Face 90 Days in Prison The North Gauteng High Court in Pretoria has dismissed an application by the Minister of Home Affairs and the Director-General of Home Affairs to overturn an earlier order declaring foreign national Mikhail Sakharov a South African citizen by naturalisation. The court also found the department in contempt for failing to comply with its September 2024 judgment. Judge Selemeng Mokose ruled that Sakharov, who obtained permanent residence in December 2013 and had been married to a South African citizen for more than five years, met the legal requirements for citizenship. The court rejected Home Affairs' argument that he first had to verify his permanent residence permit, finding that neither the Citizenship Act nor its regulations impose such a requirement. The department sought condonation for filing its rescission application 11 months late, arguing it needed additional time to gather information and reconstruct the matter's history. The court found the explanation unsatisfactory and relied on Supreme Court of Appeal precedent, holding that officials have no discretion to refuse citizenship once the statutory requirements have been met. Judge Mokose further ruled that Home Affairs officials wilfully and in bad faith failed to comply with the September 2024 order. The court ordered the department to recognise Sakharov's citizenship, register his birth and issue him with an identity document within 15 days, failing which the minister and director-general face 90 days' imprisonment. Home Affairs was also ordered to pay legal costs on an attorney-and-client scale, including the costs of two counsel.

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Monday 06 July 2026 00:36:37 GMT