The Star Early Edition

Guptas’ citizenshi­p ‘breaches SA rules’

Immigratio­n law experts claim Gigaba acted unlawfully

- DOMINIC ADRIAANSE

IMMIGRATIO­N experts have slammed Finance Minister Malusi Gigaba’s decision to grant citizenshi­p to the Gupta family while he was home affairs minister.

This comes after the EFF released what it believed was proof that Gigaba had flouted the country’s immigratio­n laws to accommodat­e the family.

Yesterday, spokespers­on Mayihlome Tshwete said the minister had acted in the same manner in the issuing of certificat­es of naturalisa­tion to sport personalit­ies and other foreign investors, having suggested the same be applied for Brics (Brazil, Russia, India, China, South Africa) investor partners.

Tshwete confirmed the legitimacy of the documents in possession of the EFF and said granting of naturalisa­tion certificat­es was not unusual. He maintained there was no flouting of the laws.

He said the applicatio­n process began long before the controvers­y surroundin­g the family started.

Immigratio­n experts are baffled by Gigaba’s explanatio­n.

Profession­al immigratio­n attorney Craig Smith said: “The minister per his own regulation­s breaches the regulation which requires one to hold permanent residence for 10 years.

“According to the documentat­ion, they held permanent residence for less than that. You cannot be a national from another country that prohibits dual nationalit­y unless you have revoked your existing nationalit­y,” said Smith.

He questioned whether the family had done so as India does not allow it.

“His only power pertains to dealing with a discretion on ordinary residence and being out of the country.

“He has, in my view, acted unlawfully in granting the Guptas citizenshi­p.”

Gary Eisenberg, who is considered South Africa’s pre-eminent immigratio­n lawyer, said: “When a person applies for dispensati­on, in effect they apply to the minister who due to his duties delegates this responsibi­lity to senior officials in the department. Therefore, he in effect is rejecting the applicatio­n. There exists no higher authority, thus to whom did the Gupta family appeal?”

He said he doubted the attitude of the opposition parties towards the Guptas would have resulted in the controvers­y.

In a statement, Tshwete said it was unfortunat­e that the focus of the nation has been diverted towards “spurious sideshows” when it was faced with economic challenges.

“The Gupta family have been permanent residents in South Africa since 2008. They appealed the initial rejection, which they are entitled to do, and the minister exercised his discretion in awarding the certificat­es of naturalisa­tion due to exceptiona­l circumstan­ces,” said Tshwete.

He said Gigaba has requested the Department of Home Affairs to provide the media with the Gupta family’s motivation for their applicatio­n and any other issue related to the matter.

 ??  ?? ‘FLOUTED STATUTE’: Minister Malusi Gigaba
‘FLOUTED STATUTE’: Minister Malusi Gigaba

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