South Africa

Crucial high court statelessness case tests route out of legal limbo

A young man, stateless and unable to access even the basic rights that go with citizenship, has brought what could be a precedent-setting case in the high court of South Africa. The young man, who knows nothing of his father, and whose mother died when he was very young, wants the court to order that he be granted citizenship of SA, either by birth or through naturalisation.

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The tragedy of statelessness lies deep in the heart of a major new case, argued before the high court in Pretoria, South Africa.

Impact on asylum seekers of South Africa’s tardy officialdom

For many reasons, South Africa is not an easy place to seek asylum, and new research by human rights lawyer Jacob van Garderen highlights some of the difficulties faced by asylum seekers as well as other migrants. Among the worst issues he found were ongoing problems over access to safe housing, difficulties around documentation because of a government system that doesn’t appear to be working – and the ever present threat of xenophobia.

Evidence points overwhelmingly to the conclusion that South Africa’s Department of Home Affairs (DHA) is not managing to process asylum seeker claims, according to interviews and research by South African human rights lawyer, Jacob van Garderen.

He said that one of the results of the failure by DHA to carry out this critical function was that asylum seekers could not be properly documented and this affected every aspect of their lives.

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