The court ruled that that the section applies to all children born prior to and after 2013 who satisfy the requirements and ordered DHA to consider the five (5) applications in 10 days. In order to make sure that future applicants do not encounter the same problems, the court further ordered DHA to draft regulations that provide guidance on how to submit an application under this provision by November 2019, and to accept all applications on affidavit until the final regulations are published. (Note: at the time of publishing this guide, DHA had still not published the final regulations). Minister of Home Affairs v Jose (2020) ZASCA 152 SCA – applications for citizenship by naturalisation under Section 4(3) SACA are non-discretionary and once an applicant satisfies the four requirements, they qualify for South African citizenship The case concerns two brothers, Joseph and Jonathan Jose, who were born in SA. Their parents are Angolan citizens who fled Angola in 1995 and sought asylum in South Africa. The brothers were born in 1996 and 1997, had their births registered and have lived in South Africa their whole lives, have never been to Angola, have no family in Angola, do not speak Portuguese only a little Lingala.The family was granted refugee status in 1997 until 2014 when their status was withdrawn due to the Angolan cessation, in order to remain in South Africa, they were instructed to apply for Angolan passports or they would otherwise be repatriated to Angola. After receiving advice from LHR that they were in fact eligible for citizenship by naturalisation in terms Section 4(3) SACA, the brothers attempted to submit their applications, but the DHA refused to receive or grant their applications. instability in Angola, Angolans no longer needed international protection or refugee status. Following this recommendation, the South African government announced a cessation of refugee status for Angolan refugees in South Africa. Many Angolans initially fled to South Africa in the late 1990s and early 2000s, which meant at the time of the cessation, they had been living in South Africa for an average of 18 years or more. After the cessation was announced, several of them returned to Angola with the assistance of UNHCR and the government. However, a group of approximately 2 000 decided to remain in South Africa, having lived in the country for a long period and had children who were born and raised in South Africa - and consider it home. 3.2.6. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY NATURALISATION (B) Section 5(4) of SACA provides that a child who has permanent residence status in South Africa qualifies to apply for South African citizenship by Naturalization. This provision applies to all persons, including children, who are permanent residents in South Africa and have lived in the country for a prescribed number of years (currently 5 years or more) and therefore become eligible to apply for South African citizenship by naturalisation. Requirements: 1. 2. 3. The court ruled that the brothers met the four requirements for citizenship under Section 4(3) SACA and that DHA must therefore grant citizenship. The court emphasised that applications for citizenship under this provision are nondiscretionary and once an applicant meets the four requirements prescribed, DHA must grant citizenship. Process: 1. What is the “Angolan Cessation”? 2. In 2012, the UNHCR recommended that due to the end of the civil war and political 24 | the child has permanent residence status in South Africa; the child has lived in South Africa for five years or more; or the child must have assistance to make the application, e.g., a responsible parent or legal gaurdian (or social worker if abandoned or orphaned). submit application for verification or proof of permanent residence status through the Visa Facilitation Centre (VFS) (an administrative fee is charged); submit a request to SAPS for a police criminal record check (or “police clearance”) – it must be 6 months valid at the date of application;