Nigerian dad loses bid to set aside ruling not to grant him citizenship

THE Supreme Court of Appeal (SCA) dismissed a Nigerian national’s attempt to set aside the decision to deprive him and his minor children of their citizenship in South Africa.

Anthony Nwafor acquired South African citizenship after being granted a certificate of naturalisation by the Department of Home Affairs in 2009.

Prior to granting this certificate, the department issued him a permanent residence permit or an exemption certificate.

Nwafor secured this on the strength of his marriage to a South African citizen, Gladys Vilankulo, in 2003, the validity of which was strongly disputed.

The department addressed a letter to Nwafor advising that the minister intended to deprive him and his minor children of their South African citizenship on the basis that Nwafor obtained the permanent residence permit by means of a false representation. He had concealed that he was still married to Amarachukwu Ebare Nwafor, whom he wed in Nigeria on March 1, in 2003, when he married Vilankulo in South Africa on April 25, 2003.

The letter detailed that Nwafor’s marriage to Vilankulo took place when she was a minor without the requisite permission from her guardian.

Nwafor was advised that he was entitled to make representations, within 10 days of receipt of the letter, setting out reasons why the minister should not proceed.

Nwafor denied everything and contended that he followed all the required procedures, but the family were eventually deprived of their citizenship.

Nwafor approached the high court in Pretoria, and in a supplementary affidavit claimed he entered into a civil marriage with Amarachukwu in February 2000 at a court in Lagos but thereafter started having marital problems that warranted him to file for divorce. In a bid to resolve the problems the two attended the Our Saviour Church in Lagos, where their marriage was blessed.

Nwafor, however, said their problems persisted and the divorce was finalised on March 12, 2003.

The high court dismissed the application and leave to appeal, with costs.

The SCA this week held that as there was no valid explanation about how Nwafor obtained his permanent residence permit, the inference that it was obtained through fraudulent means, was in the SCA’s view, not unreasonable.

The SCA further held that the decree of divorce, relied upon by the applicant as proof of his divorce to Amarachukwu was in fact a decree nisi, meaning that the earliest possible date of divorce would have been June 12, 2003.

“The complaint by the applicant that the deprivation of citizenship was arbitrary and unlawful and was done without being afforded an opportunity to be heard or that he was not afforded sufficient and reasonable time to make representations must fail.

“An analysis of the department’s letter dated April 13, 2016, addressed to the applicant and his family shows that it complies with section 3(2) of PAJA (Promotion of Administrative Justice Act),” the SCA found.