The North Gauteng High Court in Pretoria has ordered the Department of Home Affairs to recognise foreign national Mikhail Sakharov as a South African citizen by naturalisation within 15 days or the Minister of Home Affairs and the department’s Director-General could face 90 days in prison for contempt of court.
Judge Selemeng Mokose dismissed Home Affairs’ attempt to overturn a September 2024 judgment that declared Sakharov eligible for citizenship, finding that he met all legal requirements after obtaining permanent residence in 2013 and being married to a South African citizen for more than five years.
The court rejected the department’s argument that Sakharov first had to verify his permanent residence permit, ruling that no such requirement exists in the Citizenship Act.
Home Affairs was also found in contempt for failing to comply with the earlier court order and was directed to recognise Sakharov’s citizenship, register his birth, issue him with an identity document within 15 days, and pay legal costs on an attorney-and-client scale.
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