New regulations have been gazetted by Home Affairs Minister Dr Aaron Motsoaledi under the South African Citizenship Act, stating that children born to refugees or asylum-seekers must demonstrate proficiency in at least one official language in order to qualify for South African citizenship.
The South African Citizenship Act governs all naturalisation applications, including those from refugees and asylum seekers. These regulations came into effect on 12 June 2023.
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According to IOL, the regulations include an application form, which must be completed along with supporting documents.
The required documents include an original copy of the parent’s asylum seeker, visa or refugee status, a school report or a letter from the principal of the child’s Grade 1 registered school, proof of residence since birth, biometric information about the applicant and evidence of proficiency in one of the official languages of South Africa.
In a separate development, the North Gauteng High Court in Pretoria ruled on Wednesday that Minister Motsoaledi’s decision to terminate the Zimbabwean Exemption Permit (ZEP) was unlawful, unconstitutional and invalid.
The Helen Suzman Foundation (HSF) challenged Motsoaledi’s decision, which was announced last year, to discontinue the special dispensation.
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The termination of the ZEP would have affected approximately 180 000 Zimbabwean nationals living in South Africa, as they had about six months before their documentation to reside and work in the country expired.
The ZEP is a special permit that provides temporary legal status to its holders and their children, allowing them to live, work and study in South Africa. The government introduced this permit to address the issue of undocumented Zimbabweans in the country. The court found that Minister Motsoaledi had failed to seek input from the affected parties before making the decision and that his lack of consultation with ZEP holders rendered the termination of the programme procedurally unfair and irrational.
As a result of the court’s ruling, ZEP permits will remain valid until June 2024. During this period, ZEP holders will continue to enjoy protection, including immunity from deportation-related arrest and detention. The court has directed Minister Motsoaledi to follow a fair process that adheres to the law in dealing with the matter.
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