South Africa: Minister of Home Affairs and others (appellants) v. Joseph Emmanuel José & Jonathan Diabaka ‘Junior’

Published: 25/Nov/2020
Source: South African Supreme Court

The Minister of Home Affairs and Others v Jose and Another (169/2020) [2020] ZASCA 152 (25 November 2020)

The appeal is dismissed with costs, to be paid on the scale as between attorney and client after 2 August 2020, such costs to include those consequent upon the employment of two counsel.

The appeal arises from the refusal by the first to fourth appellants,3 collectively referred to as the Department of Home Affairs (the DHA)), to grant the respondents, the Jose brothers, South African citizenship in terms of s 4(3) of the South African Citizenship Act 88 of 1995 (the Citizenship Act).

Section 4(3) of the Citizenship Act provides: ‘A child born in the Republic of parents who are not South African citizens or who have not been admitted into the Republic for permanent residence, qualifies to apply for South African citizenship upon becoming a major if – (a) he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; (b) his or her birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).’

The parents of the respondents are Angolan citizens, who fled that country in 1995 and sought asylum in South Africa. The first respondent, Joseph Emmanuel Jose (Joseph), was born on 12 February 1996 and the second respondent, Jonathan Diabaka “Junior” (Junior), was born on 28 August 1997. Both, who were born in Coronation Hospital (now the Rahima Moosa Mother and Child Hospital), have lived in South Africa their entire lives.

Download judgment: Home Affairs v Jose Judgment – 24.11.2020 SCA



Themes: Acquisition by children, Naturalisation and Marriage, Nationality and Refugees
Regions: South Africa
Year: 2020