“Wilful and Mala Fide”: Home Affairs Dragged After Refusing Citizenship After SA Marriage

• A foreign national married to a South African citizen took Home Affairs to court after years of being refused citizenship
• A judge ruled that the department had ignored a court order and found them in contempt for failing to act
• The ruling has raised serious questions about how Home Affairs handles citizenship applications through marriage

Home Affairs has been left red-faced after the North Gauteng High Court in Pretoria ruled against the department in a citizenship dispute involving a foreign national married to a South African citizen.

The court dismissed an attempt by the Minister of Home Affairs and the Director-General to overturn an earlier order recognising Mikhail Sakharov as a South African citizen by naturalisation.

Sakharov had obtained permanent residence in South Africa back in December 2013 and had been married to a South African citizen for more than five years when he applied for citizenship.

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According to court papers, officials at the department kept refusing to accept his application, insisting he first apply for verification of his permanent residence permit, something the court later found had no basis in law.

How the case ended up in court

Sakharov took the matter to the high court in 2024 after his repeated attempts to apply were turned down.

The case went unopposed, and in September 2024, the court ruled in his favour, declaring him a South African citizen by naturalisation and giving Home Affairs 30 days to formalise his status.

Almost a year later, the department tried to have that order overturned, arguing it needed more time to look into the history of the case.

Judge Selemeng Mokose wasn't convinced, finding that Home Affairs had failed to give a proper explanation for the lengthy delay. The department also argued that Sakharov hadn't followed internal procedures requiring verification of his residence status first, but the judge rejected this too, pointing out that neither the Citizenship Act nor its regulations require this step.

A strong warning from the court

The judge ruled that once someone meets the legal requirements for citizenship, officials don't have the discretion to simply refuse the application.

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She went further, finding that Home Affairs had knowingly ignored the original court order, describing the department's conduct as wilful and dishonest. As a result, the minister and director-general now face 90 days in prison if the department doesn't comply with the citizenship order within 15 days of the latest ruling.

The department was also ordered to cover legal costs, including for two counsel.

How citizenship through marriage works

Getting citizenship through marriage in South Africa isn't as simple as tying the knot. A foreign spouse first needs to obtain permanent residence, which usually requires proving the relationship has lasted at least five years.

After that, the couple's relationship needs to continue for years before the spouse can apply for citizenship by naturalisation.

More on Home Affairs and immigration in SA

• Briefly News recently reported on police cracking down on a landlord accused of harbouring illegal nationals in a viral video.
• The rules around birthright citizenship in South Africa were explained in detail, clearing up a common misunderstanding many people have.
• A South African man's call for deported immigrants to expose corrupt Home Affairs officials has sparked a heated debate online.

Source: Briefly News