The Pretoria high court has ordered the Department of Home Affairs to register the birth of a man who has spent the last decade struggling to have his presence in South Africa recognised. In a judgement handed down on Monday 27 February, the court found that the department had failed in its mandate to assist Tebogo Khoza, a stateless orphan, in obtaining South African citizenship.
“It is clear from the evidence that the department has shown itself to be inflexible, oppositional and [has provided] little to no basis for its refusal to Mr Khoza’s claims,” stated the court. “Mr Khoza has done all he can do to comply for a decade… His infringement continues and he endures prejudice every day that he is not declared a citizen.”
“You will see throughout the judgement how an emphasis was put on the fact that a person who approaches the Department of Home Affairs for assistance needs to be assisted. It’s not enough for Home Affairs to… leave them in this indefinite state of not having an identity, of being stateless.
if their birth is registered in South Africa in accordance with the Births and Deaths Registration Act.