Thirteen foreign nationals, largely from Zimbabwe, Mozambique and the Democratic Republic of the Congo, challenge South Africa’s Department of Home Affairs’ online system for applying for permanent residence. The applicants file their case in the Gauteng High Court in Pretoria, arguing that the system is unlawful and unconstitutional. They say it discriminates against them and effectively excludes people who do not have reliable access to the required technology to complete the online application process. The applicants also seek to have the online permanent residence process declared unconstitutional, arguing it prevents them from legalising their stay in South Africa.
The respondents include Home Affairs Minister Dr Leon Schreiber and the department’s Director-General Livhuwani Makhode, with other officials named in relation to enforcement. Reporting from New Zimbabwe also states the applicants are prepared to pay an application fee of R1,750, but contend the online mechanism itself is the problem. The case focuses on whether the online-only approach to permanent residence applications is constitutionally compliant and accessible to the affected foreign nationals.
