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South Africa decisions
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Tema and Others v Limpopo Head of Department for Health and Others (4292/2022) [2023] ZALMPPHC 19 (3 May 2023)
The court declared human remains to be those of the applicants’ missing brother, ordered release for burial, and directed issuance of a death certificate.
Melaphi and Another v Minister of Home Affairs and Another (26235/20) [2020] ZAGPPHC 699 (3 December 2020)
The court found that Robert Melaphi was a South African citizen at the time of his death, as evidenced by his birth to a South African mother and the official documents issued to him. The respondents failed to provide any rational or lawful basis for concluding otherwise, and their bare denials and unsubstantiated allegations were insufficient. The investigation into Mr. Melaphi's citizenship was incomplete and did not result in lawful deprivation of citizenship. Even if he had acquired Zimbabwean citizenship by descent, this was not a voluntary act that would trigger forfeiture under the Cit…
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