M[....] and Another v Minister of Home Affairs and Another (26235/20) [2021] ZAGPPHC 318 (21 May 2021)

M[....] and Another v Minister of Home Affairs and Another (26235/20) [2021] ZAGPPHC 318 (21 May 2021)

The court found no reasonable prospect that an appeal court would overturn the order setting aside the Director-General's refusal to issue an unabridged death certificate. The respondents' arguments regarding loss of citizenship were inconsistent and unsupported by evidence. The acquisition of Zimbabwean citizenship by Mr. M[…] was by operation of law, not voluntary, and thus section 6 of the Citizenship Act did not apply. The Director-General is empowered to issue an unabridged death certificate to a non-citizen, and there is no legal prohibition on entering the deceased's identity number. The review application was properly entertained, as the substantive application for extension of...

Citation
[2021] ZAGPPHC 318
Parties
Applicant: M[..] SZ; Applicant: M[…] BA; Respondent: Minister of Home Affairs; Respondent: Director General: Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 May 2021
Case Number
26235/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following a Judgment Reviewing and Setting Aside the Director General's Decision.
Outcome
Application for leave to appeal dismissed with costs.
Judges
SDJ Wilson
Legal Topics
Promotion of Administrative Justice Act, Citizenship Status, Review of Administrative Action, Extension of Time Limits
Administrative Law Civil Procedure Promotion of Administrative Justice Act Citizenship Status Review of Administrative Action Extension of Time Limits

Case Brief

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Parties

M[..] SZ

Applicant

M[…] BA

Applicant

Minister of Home Affairs

Respondent

Director General: Department of Home Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following a Judgment Reviewing and Setting Aside the Director General's Decision.

Legal Issues

  1. 1 Whether there is a reasonable prospect that a court of appeal would reverse or materially alter the order setting aside the Director-General's refusal to issue an unabridged death certificate.
  2. 2 Whether Mr. M[…] lost South African citizenship by operation of law due to acquiring Zimbabwean citizenship.
  3. 3 Whether the Director-General is empowered to issue an unabridged death certificate to a non-citizen.

Ratio Decidendi

The court found no reasonable prospect that an appeal court would overturn the order setting aside the Director-General's refusal to issue an unabridged death certificate. The respondents' arguments regarding loss of citizenship were inconsistent and unsupported by evidence. The acquisition of Zimbabwean citizenship by Mr. M[…] was by operation of law, not voluntary, and thus section 6 of the Citizenship Act did not apply. The Director-General is empowered to issue an unabridged death certificate to a non-citizen, and there is no legal prohibition on entering the deceased's identity number. The review application was properly entertained, as the substantive application for extension of...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.