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Khoza v Minister of Home Affairs and Another [2023] ZAGPPHC 140; 6700/2022; [2023] 2 All SA 489 (GP) (27 February 2023)
The High Court ordered late registration of birth and declared a South African-born, stateless applicant a citizen by birth, alternatively by naturalisation.
Minister of Home Affairs v Ali and Others (1289/17) [2018] ZASCA 169; 2019 (2) SA 396 (SCA) (30 November 2018)
Section 4(3) of the Citizenship Amendment Act 17 of 2010 is not retrospective in the legal sense and applies to all persons who meet its requirements, regardless of whether they were born before or after 1 January 2013. The Minister's interpretation was incorrect and unjustifiably excluded eligible applicants. The failure to promulgate regulations cannot be used to deny applicants their constitutional rights. The High Court's order requiring acceptance of applications on affidavit was remedial, necessary, and did not encroach upon the separation of powers, as it left the content of regulation…
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