Source: The Star / Independent Online (Johannesburg)
By Bongani Nkosi
A dispute over whether the children of foreigners born in South Africa prior to January 2013 and who know no other home than the country should become naturalised citizens when they turn 18 is headed to the Constitutional Court.
Home Affairs has taken to the apex court to seek leave to appeal a judgment that ordered it to put in place regulations for the processing of citizenship applications of five youths who dragged it to court.
The Supreme Court of Appeal (SCA) ruled last year that it was unlawful of Home Affairs to not allow the five to apply for citizenship, in accordance with the 2013 amendments of the Citizenship Act.
This SCA ruling supported a judgment delivered by the Western Cape High Court in 2017, which went in favour of Miriam Ali, Aden Nuredin Salih, Kanu Teka Nkololo, Caroline Masuki and Murphy Ngaga.