Child in SA services limbo as parents denied citizenship

A COUPLE originally from the Democratic Republic of Congo have found themselves stateless after renouncing their citizenship to be naturalised as South Africans.

While one of their children was granted South African citizenship‚ the youngest child, who was born last year, failed to gain the same status and may not be able to access services offered by public facilities in the country.

Now a law firm has brought an application in the Cape Town High Court that seeks clarity on how long a permanent resident must reside in South Africa before he or she is eligible for citizenship.

The question came into the spotlight last week when the public protector ordered the Home Affairs Department to review the 10-year waiting period for permanent residents to apply for naturalisation and ensure it aligned with the five-year period in the Citizenship Act.

The public protector dealt with complaints from foreign nationals who were told they needed to be permanent residents of South Africa for 10 years to qualify for naturalisation.

De Saude Attorneys is acting for the Mulowayi family‚ which has been in the country since the early 2000s.

Florette Mulowayi has lived and worked in South Africa since 2002‚ when she left her home country as a refugee.

Her husband‚ Nsongoni‚ joined her in 2004.

The couple’s children were born in South Africa.

The family was left stateless after being denied South African citizenship‚ despite meeting all the requirements.

The couple were granted permanent resident permits in 2011 and waited five years before applying for citizenship, but their applications for naturalisation were denied.

“This has created a bizarre situation where two parents are stateless but South African permanent residents,” Stefanie de Saude-Darbandi‚ director of De Saude Attorneys, said.

De Saude-Darbandi said the couple realised that‚ as an undocumented minor‚ their youngest son was unable to turn to local hospitals or clinics should he fall ill.

She said even basic procedures such as applying for schooling or booking a flight was impossible. – TimesLIVE