South africa court judgment july 22

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CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 155/19
In the matter between:
YAMIKANI VUSI CHISUSE First Applicant
ELIZABET...

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Decided on: 22 July 2020
Summary: South African Citizenship Act 88 of 1995 as amended by South
African Citizenship Amend...

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South African identity numbers and cause identity documents and birth
certificates to be issued to them.
5. The responde...

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constitutionally invalid. The High Court’s order declared section 2(1)(a) and (b) of the
amended Citizenship ...

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In addition, section 13 of the Births and Deaths Registration Act5
provides that:
“If a child of a father or ...

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on whose behalf he is part of these proceedings. Emma was born on 25 December 2006 in
Accra, Ghana. The fifth...

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d) the first respondent be directed to register the births of the applicants, to enter
their details into the...

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consequential relief they sought. In relation to the second applicant, the High Court found
that insufficient...

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Corruption Watch, the respondent sought condonation for the late filing of the affidavit in
the High Court an...

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Confirmation proceedings
This Court, in Mphahlele15
and Strategic Liquor Services,16
has noted that, while
t...

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informed that finding. This is unfortunate and we must hope that failure to provide reasons
when legislation...

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not infringe any of these rights, then, to the extent necessary, we will have to cure the
section to avoid a...

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Bantu Homeland Citizenship Act,22
black African people were segregated to the detriment
of their enjoyment o...

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The Constitution was designed to ensure a radical and transformative departure from
the past. Common citizen...

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that section 2(1)(a) and (b) deprived persons of citizenship overnight, that we must
approach our assessment...

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Secondly, citizenship by birth could be acquired by any person born in South Africa after
the commencement o...

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subject to some exceptions, born outside of South Africa, after the commencement of the
1949 Citizenship Act...

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In this regard, the 1949 Citizenship Act delineated various pathways to acquire
citizenship by both birth an...

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Restoration Act was to re-establish the South African citizenship of citizens of the
Bantustan states of Tra...

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the 1995 Citizenship Act, became a citizen by birth, unless one of their parents was in the
diplomatic servi...

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South Africa but who did not qualify as a citizen by birth, was subsequently adopted by a
South African citi...

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outside of South Africa and one of their parents had resumed South African citizenship and
they had entered ...

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the interpretative exercise, unless this interpretation would result in an absurdity.47
As this
Court has pr...

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The command of section 39(2) has been articulated in various judgments of this
Court. In Bato Star,51
Ngcobo...

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The purposive or contextual interpretation of legislation must, however, still remain
faithful to the litera...

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different from reading in six. Indeed, reading in so many qualifications inevitably strains
the text. This i...

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It follows that where a legislative provision is reasonably capable of a meaning that places
it within const...

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Despite our duty to interpret legislation in accordance with the injunction under
section 39(2), courts must...

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provisions of the Births and Deaths Registration Act, 1992 (Act 51 of 1992), shall
be a South African citize...

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Although the respondents conceded in the hearing that a preferable interpretation
would be one where those w...

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within its auspices. The alternative, of course, being that the amendment may be found to
be unconstitutiona...

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unconstitutional, presumably because it arbitrarily excluded those born before the
commencement of the 2010 ...

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overnight. In this regard, whilst “any person who was, is or will be born” may be the more
comprehensive for...

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with the Constitution. It is this narrow, prospective-only interpretation that strips
citizenship rights fro...

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On the contrary, when so pursued, this interpretation preserves those rights. A statute does
not have a retr...

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meaning of the words. The phrase “who is born” is capable of bearing a meaning that
applies both to those bo...

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Four of the five classes of individuals who were citizens by descent in terms of the
1995 Citizenship Act, a...

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recognise the applicants as citizens, but continued to oppose the applicants’ submissions
on the basis of fa...

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necessary to do so, the courts may even have to fashion new remedies to secure the
protection and enforcemen...

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conduct of the respondents and there is no reason why they should continue to be at their
mercy.
Costs
The o...

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of this Order, enter their details into the population register, assign them
South African identity numbers ...

For the Applicants:
For the Respondents:
I Goodman and J Mitchell instructed by
Lawyers for Human Rights
S Mangolele SC, S...

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