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19. Jan. 2023 News24

Undocumented, unmarried fathers cannot be excluded from their children’s birth certificates

A regulation preventing the naming of a foreign, unmarried father who is in South Africa illegally on his child’s birth certificate is unconstitutional, the Eastern Cape High Court in Gqeberha has ruled.
Judge Mbulelo Jolwana said the regulation, which provides that a foreign father of a child born out of wedlock must submit a copy of his valid passport, visa, permit, permanent residency, ID document or refugee identity document in order to be registered, was not only irrational but was contrary to the best interest of the child. It was also at odds with the Births and Deaths Registration Act which imposed no such rule.
The matter before Judge Jolwana was brought by the unmarried biological parents of a young child. The mother is South African. The father is Bulgarian and his visa has expired.
Officials at the Department of Home Affairs refused to register him as the father on his child’s unabridged birth certificate, saying he was no longer legally in the country and because he was not a South African citizen, he had to undergo a paternity test.
The couple launched a court action for an order compelling the department to include the fathers name on the birth certificate and challenging the constitutionality of the relevant regulation.
Judge Jolwana noted that the Minister of Home Affairs had initially opposed the matter, citing the father’s illegal presence in the country and that the regulation “made it impossible” to include the father’s name on the certificate.
During the hearing, his lawyers made a “180 degree turn” and conceded the issues, claiming that the regulation actually did not apply in this matter.
But the couple said the constitutional issue still needed to be aired given that it was a matter of significant public interest.
Lawyers for the minister said that given their capitulation, it was not necessary and the issue was now “moot”.
But Judge Jolwana said they had not explained their earlier stance and their “change of tack” and it called for an explanation.
“It is impossible to appreciate what informed this sudden change and it makes it even difficult to resist the temptation to conclude that the sudden change of mind was in bad faith, designed to cripple and disable the court from enquiring into the constitutionality of the regulation … which continues to bedevil children born in similar circumstances as the child in this matter.
“As can be gleaned from [the minister’s] affidavit, every day in all Department of Home Affairs offices throughout the country, those seeking the registration of their details in the birth records of their children are turned away if their fathers happen to be illegal foreigners,” the judge said, noting that there had been no concession regarding the constitutionality or otherwise of the regulation.
“Rights of citizens cannot be subject to the whims or attitudes of the attending officials in government offices … courts must act when rights, especially the rights of children, are allegedly being undermined.
“The court cannot ignore the fact that there may be literally thousands of other children who are treated no differently from this child, even as we speak … an inquiry into the constitutionality of this regulation is a matter of public importance.”
Judge Jolwana said neither the Constitution nor the Children’s Act distinguished between children on the basis of the citizenship of their parents.
The couple, he said, contended however that the regulation discriminated against their child, who was a South African citizen, because of the circumstances of birth.
In the matter before him, the fact that the father had been unable to renew his visa “has nothing to do with the child and his right to have the identity of his father officially recognised”.
Judge Jolwana said the regulation was “irrational”, noting that it had not gone through any parliamentary process and flew in the face of international instruments dealing with the rights of children.
The Act itself made no distinction between local and foreign fathers ` those legally in the country and those that are not.
Unconstitutional
He declared the regulation to be unconstitutional and ordered the minister to pay the costs on a punitive scale, noting the last-minute about turn.
“For them to force people such as the applicants to approach court, only to admit that they were wrong from the onset, is troubling,” the judge said.
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What does this mean to you
There are 2 parts to this question
1) child is just born and birth needs to be registered with DHA
2) child is born , birth already registered , birth certificate issued and father now wants to be included on birth certificate.
In case 1) no problem he simply register as before being illegal except for 1 thing bearing in mind he is illegal so the question is post birth registration does civic affairs hand him over to immigration to be prosecuted as an illegal foreigners 2) to add father is called an insertion of natural fathers particulars and given its a citizenship amendment it takes up to 1 year
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www.samigration.com V.4641

31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

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30. Jan. 2023 Groundup

Section 10 of Births and Deaths Registration Act `impairs dignity of unmarried fathers` ConCourt

Section 10 of Births and Deaths Registration Act has been declared unconstitutional. Getty Images • The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional. • The section does not allow an unmarried father to register his child`s birth under his surname, unless the mother gives consent or is present. • A ConCourt judge says there is no justification for differentiating between married and unmarried fathers. The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child`s birth under his surname, unless the mother is present or gives consent - unconstitutional. V.4632

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30. Jan. 2023 City Press

Is artificial intelligence beginning of the end?

Is this the beginning of the end for personalized creativity? If you spend enough time online, you would have seen the AI-generated pictures of black alternative people at a rave or maybe you’ve even created some fun AI art of your own in the recent past. AI, also called machine intelligence, is defined as a sector within computer science that primarily focuses on elevating, building and managing computerized technology. AI technology is also created with the intention of autonomously making decisions and carrying out actions on behalf of a human. V.4650

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30. Jan. 2023 Groundup

Children born abroad with one South African parent have right to citizenship, ConCourt

The Constitutional Court finalised a seven-year legal battle fought by Lawyers for Human Rights on behalf of four people born to SA parents outside the country. The case centred on the Citizenship Amendment Act of 2010 and how it applied to people born outside of South Africa before January 2013. Justice Sisi Khampepe slammed the Department of Home Affairs, describing its conduct in the matter as `brazenly incompetent`. Children born in other countries are entitled to South African citizenship as long as one parent is South African, the Constitutional Court has ruled. V.4651

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30. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. A woman, whose relationship with her partner and the father of her three children has broken down, is trying to claim maintenance from him. V.4652

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30. Jan. 2023 Business Day

Home affairs stuck in costly legal limbo, worsened by Covid

The Covid-19 pandemic has proven to be yet another stick in the spokes for the department of home affairs, further delaying processes that were already slow and inconsistent, and causing despair and disruption for thousands of people and businesses. In addition, an apparent lack of will to rectify the situation is costing the state millions in unnecessary legal fees as unsuccessful applicants head to the courts to appeal. V.4653

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27. Jan. 2023 Goundup

Court rules on unwed fathers

The Eastern Cape High Court in Gqeberha has found a regulation that was stopping undocumented fathers from being registered on their children’s birth certificates unconstitutional. The regulation affects the rights of thousands of children simply through the circumstances of their births, Judge Mbulelo Jolwana said. He said it was “irrational” and it had never gone through a parliamentary process. The rights of citizens cannot be subject to the whims or attitudes of officials in government offices, the judge said. V.4648

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27. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. V.4649

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26. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

- A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. The father launched proceedings in the Johannesburg High Court in terms of The Hague Convention on the Civil Aspects of International Child Abduction Act, to have his children returned. The purpose of the Convention is to protect children from the harmful effects of their wrongful removal from the country of their habitual residence to another country, or their wrongful retention in another country. V.4647

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25. Jan. 2023 SA Migration

Legalization form 20, ask us how

How can we help you , please email us to info@samigration.com whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com V.4643

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25. Jan. 2023 SA Migration

ASYLUM SEEKERS PERMIT EXPIRED or NEW ONE needed, Don’t know what to do ?

Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost . V.4644

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25. Jan. 2023 Pretoria News

SA born child leaves for Croatia with father after court rules against estranged wife

A South African-born child aged 13 will next week start school in Croatia after her father won a legal battle against his estranged wife to take his daughter with him while he assists Ukrainian refugees in that country. The child’s mother was shortly before Christmas ordered by the South Gauteng High Court in Johannesburg to allow the child to live with her father abroad. Judge Shanaaz Mia ordered the mother to sign all the necessary documents relating to her daughter’s relocation. If the mother refused to sign the documents, the sheriff of the court was entitled to do so on her behalf, the order read. Not only did the mother lose her battle for her child to remain here, but she was also instructed by the court to foot her husband’s legal bill. Judge Mia made it clear that the interest of a child will always prevail. In this case the child made it clear she wanted to go to Croatia with her father, with whom she had a better relationship. V.4645

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25. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. V.4646

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19. Jan. 2023 News24

Undocumented, unmarried fathers cannot be excluded from their children’s birth certificates

A regulation preventing the naming of a foreign, unmarried father who is in South Africa illegally on his child’s birth certificate is unconstitutional, the Eastern Cape High Court in Gqeberha has ruled. Judge Mbulelo Jolwana said the regulation, which provides that a foreign father of a child born out of wedlock must submit a copy of his valid passport, visa, permit, permanent residency, ID document or refugee identity document in order to be registered, was not only irrational but was contrary to the best interest of the child. It was also at odds with the Births and Deaths Registration Act which imposed no such rule. V.4641

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19. Jan. 2023 SA Migration

Spouse Required to be present on submission of life partner and spousal application

New development with respect to spouse / life partner application needs pictures of spouse/ life partner and applicant , the SA spouse must be physically present on day of application. No excuses. This info was sent to vfs today they will action wef 1 Feb 2023 . It will be signposted on website and offices accordingly . As an aside you and I will understand why, the fraudulent SA life partner s who cry foul and say they stole my ID when caught out will be exposed as well as the syndicates V.4642

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18. Jan. 2023 ABC news

German government seeks to ease rules for naturalization

BERLIN -- Germany`s socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union`s most populous country, a drive that is being assailed by the conservative opposition. Chancellor OIaf Scholz said in a video message Saturday that Germany has long since become “the country of hope” for many, and it`s a good thing when people who have put down roots in the country decide to take citizenship. “Germany needs better rules for the naturalization of all these great women and men,” Scholz said. V.4639

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18. Jan. 2023 city press

Life in SA through the lens of a Zimbabwean

For 12 years, Zimbabwean Martha Muhamba* has had to find a way to ensure that she remains in South Africa because, when she moved to the country in 2010, her mission was to `find work, make money` and send her child `to a decent school`. While Muhamba has been able to find employment since her first year in South Africa, the 42-year-old tells City Press that she has never been in possession of a work permit and the only documentation she has is her Zimbabwean passport, which she has managed to keep valid with border post stamps, even though she has not left South Africa for more than a decade. V.4640

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17. Jan. 2023 SA Migration

Who needs a South African visa?

Anyone traveling to South Africa will need a visa to enter the country; be it for a holiday, visiting family, joining a partner, living, working, or studying. However, some countries are exempt from this rule. When traveling with a child under 18, you should always check the current South African visa requirements and child policy as these sometimes change. From 8 November 2019, for instance, foreign children traveling with their parents no longer need to present parental consent letters or birth certificates. Nonetheless, it can’t hurt to keep a parental consent letter and birth certificate handy just in case. V.4634

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17. Jan. 2023 SA Migration

Temporary Residence Visa (TRV)

While processing times for visas under this category vary, they typically take up to 60 business days from the date of submission. However, it can take up to 10 days to process the Visitor’s Visa and Holiday Visa. When applying for a Temporary Residence Visa, you must meet the following criteria: • Hold a valid passport with at least two blank pages, which only expires a month after your intended departure date from South Africa • Ensure your temporary residence permit remains valid • Submit the online application and required documentation at any VFS.Global visa facilitation center or at the South African embassy in your country of residence or citizenship V.4635

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17. Jan. 2023 SA Migration

Business Visa

South Africa is a country that welcomes much-needed foreign investment. Therefore, a section of South African immigration legislation deals specifically with foreign individuals wishing to conduct business in the country or invest in a South African company. If you are trying to start your own business, take over an existing business, or invest in a company in South Africa, you need to apply for a Business Visa. Furthermore, you will need to invest a prescribed financial capital contribution, and at least 60% of your workforce needs to be South African. V.4636

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31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

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