Another vital mechanism under the Citizenship Act is section 25, ‘Review of Minister’s decision by court of law:’ (1) Any provincial or local division of the High Court of South Africa shall have jurisdiction to review any decision made by the Minister under this Act. (2) A court hearing a review in terms of subsection (1) may call upon the Minister to furnish reasons and to submit such information as the court deems fit, and the court shall have jurisdiction to – (a) consider the merits of the matter under review; and (b) confirm, vary or set aside the decision of the Minister. This provision allows attorneys to launch judicial review applications in High Court under the Citizenship Act regarding any right emanating from that Act. This is a separate grounds of review that can be used in conjunction with or in addition to the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and rule 53 of the Uniform Rules of Court. 3.2.3 South African Immigration Act 13 of 2002 The South African Immigration Act 13 of 2002 (the Immigration Act), governs the following: • • • Access to the territory for foreign nationals. The grounds upon which a foreign national may acquire temporary and permanent residence in South Africa. The arrest, detention and deportation of foreign persons not legally present on the territory. The provisions of this Act are applicable generally to those who have no claim to South African nationality. It will always be of relevance to persons who were born outside of the territory to foreign nationals and who are seeking a manner in which to be admitted to South African territory. For those working with statelessness in South Africa, perhaps the most pertinent of all the provisions of the Immigration Act is section 31(2)(b), which allows an application to the Minister for an exemption for permanent residence (exemption) for an individual or category of foreigners (such as stateless persons) for an indefinite or definite period. It allows the Minister to: Legal framework on nationality and statelessness in South Africa Reviewing a decision under the Citizenship Act ... grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which justify such a decision; provided that the Minister may – (i) Exclude one or more identified foreigners from such categories; and (ii) For good cause, withdraw such right from a foreigner or category of foreigners. [emphasis added] Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 29