Nwafor v The Minister of Home Affairs and Others

The appellant, Anthony Okey Nwafor, a Nigerian-born individual, acquired South African citizenship in 2009 through naturalisation, which followed the grant of a permanent residence permit in 2004 based on his marriage to a South African citizen, Ms Gladys Sibongile Vilankulo. In 2016, the Department of Home Affairs notified him of an intention to deprive him and his minor children of South African citizenship on the basis that he had obtained permanent residence and citizenship through false representations, including concealing a subsisting prior marriage in Nigeria, misrepresenting his marital status, irregularities concerning the age and consent of his South African spouse, and reliance on an exemption certificate issued under repealed legislation. After considering written representations, the Director-General, acting under delegated authority, decided to deprive the appellant and his children of citizenship. The appellant unsuccessfully reviewed this decision in the Gauteng Division of the High Court. His application for leave to appeal was also refused, leading him to seek leave to appeal before the Supreme Court of Appeal.

The application for leave to appeal was dismissed with costs, including the costs of two counsel.

The case affirms the strict threshold for granting leave to appeal under s 17 of the Superior Courts Act and underscores that reasonable prospects of success remain decisive. It reinforces the principle that points of law and grounds of review must be properly pleaded and cannot be raised for the first time on appeal. The judgment also clarifies the lawfulness of ministerial delegation under s 22 of the Citizenship Act and confirms the state’s power to deprive citizenship obtained through fraud, provided procedural fairness requirements are met.