A South African court has reaffirmed the citizenship rights of foreign spouses by dismissing a government bid to overturn the naturalisation of a foreign national.
According to ol.co.za, the ruling by the North Gauteng High Court in Pretoria upheld an earlier decision granting Mikhail Sakharov South African citizenship, marking a significant legal victory in the interpretation of the country’s citizenship and immigration laws.
Judge Selemeng Mokose rejected the department’s attempt to rescind a September 2024 order that directed Home Affairs to recognise Sakharov’s citizenship, register his birth and issue him with an identity document. The court further found the department in contempt for failing to comply with that order.
The dispute arose after Sakharov, who obtained permanent residence in South Africa in December 2013 and had been married to a South African citizen for more than five years, sought to apply for citizenship by naturalisation.
According to court papers, officials at the department repeatedly refused to accept his citizenship application and insisted that he first apply for verification of his permanent residence permit.
Sakharov approached the high court in 2024 to review the department’s refusal. The matter proceeded unopposed and in September 2024 and the court declared him a South African citizen by naturalisation and ordered home affairs to take the necessary administrative steps to formalise his status within 30 days.
Nearly a year later, home affairs sought condonation for the late filing of an application to rescind the order, arguing that additional time had been required to gather information and reconstruct the history of the matter. The court was not persuaded, finding that the department had failed to provide a satisfactory explanation for the 11-month delay.
The department also argued that Sakharov had failed to comply with internal departmental procedures requiring verification of his permanent residence status before citizenship could be considered. Judge Mokose rejected that argument, holding that neither the Citizenship Act nor its regulations impose such a requirement.
Relying on precedent from the Supreme Court of Appeal, the judge held that once the statutory requirements for citizenship are met, officials have no discretion to refuse an application.
The court further ruled that home affairs officials had knowingly failed to comply with the September 2024 order despite being aware of it. The judgment described the non-compliance as wilful and mala fide, noting that disregard for court orders undermines the rule of law and public confidence in the justice system.
Judge Mokose ordered that the minister of home affairs and the director-general be committed to prison for 90 days if the department does not comply with the original citizenship order within 15 days of receiving the latest judgment.
The court also ordered the department to pay legal costs on an attorney-and-client scale, including the costs of two counsel.
