South Africa: The right to belong: Judicial victory for stateless children
Published: 4/Apr/2025
Source: Cliffe Dekker Hofmeyr (law firm, South Africa)
Citizenship in South Africa has long been a complex and evolving legal issue, particularly concerning children born to foreign nationals. The recent Gauteng High Court ruling in M.M.E and Others v Director General, Department of Home Affairs and Another (21970/2021) [2025] ZAGPPHC 202 (12 March 2025) represents a pivotal moment in reinforcing the constitutional rights of children.
At a glance
- The recent Gauteng High Court ruling in M.M.E and Others v Director General, Department of Home Affairs and Another (21970/2021) [2025] ZAGPPHC 202 (12 March 2025) represents a pivotal moment in reinforcing the constitutional rights of children.
- Section 28(1)(a) of the Constitution is clear: every child has the right to a name and nationality from birth. This decision reaffirms South Africa’s constitutional duty to prevent statelessness and protect children’s right to nationality.
- The judgment underscores that bureaucratic obstacles and rigid interpretations of the law cannot be used to strip children of their fundamental rights.