Tshwete v Minister of Home Affairs of the Government of Replublic of South Africa (155/87) [1987] ZASCA 154; [1988] 2 All SA 140 (A) (2 December 1987)

Tshwete v Minister of Home Affairs of the Government of Replublic of South Africa (155/87) [1987] ZASCA 154; [1988] 2 All SA 140 (A) (2 December 1987)

The court held that section 6(3) of the Status of Ciskei Act did not preserve rights dependent on South African citizenship for Ciskei citizens resident in South Africa at the commencement of the Act. The appellant, having lost citizenship, became an alien but was lawfully domiciled and permanently resident in South Africa. Under section 12(1)(a) of the Aliens Act, he was exempt from the requirement to obtain a permit or exemption for permanent residence. However, the right to enter South Africa without a visa was not preserved, as it was directly linked to citizenship status. The administrative withdrawal of exemptions by the Director-General was ineffective regarding permanent residence...

Citation
[1987] ZASCA 154
Parties
Appellant: Stephen Vukile Tshwete; Respondent: Minister of Home Affairs of the Government of the Republic of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 December 1987
Case Number
155/87
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division Judgment
Outcome
Appeal partially upheld. The appellant is entitled to permanent residence in South Africa without a permit or exemption, but not to entry without a visa.
Judges
Joubert, Hefer, Nestadt, Vivier, Kumleben
Legal Topics
Citizenship Status, Permanent Residence, Visa Requirements, Aliens Act Interpretation
Administrative Law Civil Procedure Citizenship Status Permanent Residence Visa Requirements Aliens Act Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Stephen Vukile Tshwete

Appellant

Minister of Home Affairs of the Government of the Republic of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division Judgment

Legal Issues

  1. 1 Whether the appellant, having lost South African citizenship by operation of the Status of Ciskei Act, retained the right to permanent residence in South Africa without a permit or exemption.
  2. 2 Whether the appellant retained the right to enter South Africa without a visa after losing citizenship.
  3. 3 Whether administrative withdrawal of exemptions by the Director-General was lawful in light of preserved rights under section 6(3) of the Status of Ciskei Act.

Ratio Decidendi

The court held that section 6(3) of the Status of Ciskei Act did not preserve rights dependent on South African citizenship for Ciskei citizens resident in South Africa at the commencement of the Act. The appellant, having lost citizenship, became an alien but was lawfully domiciled and permanently resident in South Africa. Under section 12(1)(a) of the Aliens Act, he was exempt from the requirement to obtain a permit or exemption for permanent residence. However, the right to enter South Africa without a visa was not preserved, as it was directly linked to citizenship status. The administrative withdrawal of exemptions by the Director-General was ineffective regarding permanent residence...

Court Disposition

Appeal partially upheld. The appellant is entitled to permanent residence in South Africa without a permit or exemption, but not to entry without a visa.

Orders

  • The appellant is entitled to be permanently resident in the Republic of South Africa without any permit or exemption.
  • The appellant is not entitled to enter the Republic of South Africa without a valid visa.