'Afrikaans refugees' are still South African citizens: immigration lawyer
The 49 South African refugees who left the country for the US cannot be deprived of their South African citizenship, an immigration lawyer says.
As the group arrived in the US on Monday, an immigration lawyer, Chris Watters, said they could not have it both ways, meaning they could not use the South African embassy's services while in the US.
'By definition, they are fleeing because they cannot get protection from the South African government (or the government refuses to give them protection) in respect of the serious harm they face in South Africa.'
'They cannot have it both ways,' he said, adding that leaving the country also meant that they could not travel on their South African passports as that would be invoking the protection of the South African government, should they need consular assistance.
Watters said, realistically, there was no way of knowing what arguments and/or evidence each of the applicants had put to the US authorities to justify claims that they had 'fled' the country because they feared persecution and serious harm in South Africa on account of their race, ethnicity, or political opinion if they had to return.
Watters said the UN Refugee Convention stipulates that the refugee determination process has to be strictly confidential.
'These claims are both forward-looking and backward-looking. So, the case for each would be made out on the basis of what they claim has happened to them, their family or friends in the past in South Africa,' he said.
He said the recent Constitutional Court ruling on dual citizenship confirms that no South African may be deprived of their citizenship.
He added that any of the group may return to South Africa at any stage, which would mean, though, that they would be abandoning their refugee status. He added that at a certain point, they might qualify to naturalise as US citizens.
'If/once the parents naturalise, the children automatically become US citizens,' he said.
On Tuesday, international relations and co-operation (Dirco) minister Ronald Lamola said that in line with the international definition, the group did not qualify for refugee status as there was no persecution of white Afrikaners.
Lawyers for Human Rights declined to comment on the status of the group. 'A ny questions about Afrikaners going to the US as refugees should be put to the US embassy itself, because the US definition of a refugee has deviated from the internationally established legal definition and applicable legal framework,' the organisation said.
Dirco spokesperson Chrispin Phiri confirmed that in terms of section 20 of the constitution, no South African may be deprived of their citizenship.
TimesLIVE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
32 minutes ago
- IOL News
South African government criticises US sanctions on ICC for undermining the rule of law
The South African government has strongly slammed the United States for imposing sanctions on judges of the International Criminal Court (ICC). Image: UN Photo/ICJ-CIJ/Frank van Beek The South African government has expressed deep concern over United States sanctions targeting judges of the International Criminal Court, calling it a 'direct affront to the principles of international justice and the rule of law.' 'These measures, in addition to those imposed earlier on the Prosecutor, represent a direct affront to the principles of international justice and the rule of law,' said Chrispin Phiri, spokesperson for the Minister of International Relations and Cooperation (Dirco), Ronald Lamola. Phiri stated that these punitive actions against judicial officers fulfilling their mandated duties are regrettable, as they undermine the independence of the ICC and jeopardise the integrity of international legal institutions. 'They furthermore hinder the Court and its personnel in the exercise of their independent judicial functions.' He said South Africa, as a founding member of the ICC, views these sanctions and previous threats as an attempt to intimidate and obstruct the Court's efforts to hold perpetrators of the most serious crimes accountable. 'The ICC operates under the Rome Statute, to which 125 states are parties, and its mandate is to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression when national jurisdictions are unwilling or unable to do so.' Phiri said the imposition of sanctions on ICC judges sets a 'dangerous precedent' that could embolden those who seek to evade accountability for egregious violations of human rights and international humanitarian law. 'It also poses a significant challenge to the global fight against impunity and the enforcement of international norms.' 'South Africa reaffirms its commitment to the principles enshrined in the Rome Statute and will continue to work with like-minded nations to safeguard the integrity of the international legal institution,' he added. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ According to Phiri, this highlights the country's participation in the Hague Group, a coalition of countries dedicated to defending the rulings and authority of the ICC and the International Court of Justice (ICJ). 'The pursuit of justice for victims of the gravest crimes must not be compromised by political considerations.' 'Upholding the rule of law and ensuring accountability are essential for the maintenance of international peace and security as well as a rules-based international order based on international law,' Phiri added. Meanwhile, IOL News previously reported that Dirco said it was not fazed by reports that the US may impose sanctions on the ICC, an independent global judicial institution dedicated to combating impunity for the gravest crimes against humanity. The US sanctions package is designed to target individual ICC personnel, judges, and prosecutors, classifying them as an organisation threatening the interests of the US government. According to reports, these measures aim to create conditions allowing the court to independently withdraw its arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
Mail & Guardian
36 minutes ago
- Mail & Guardian
Thulani Khumalo is alive, despite claims a Somali syndicate killed him
Thulani Khumalo is a South African entrepreneur who operates a spaza shop from his home in Vosloorus. (Facebook) Thulani Khumalo is a South African entrepreneur who operates a spaza shop from his home in Vosloorus. On 3 May last year, Khumalo took to both social and news media to share that his life was in danger, accusing foreign spaza shop owners of attempting to kill him. Around the time of his outcry, accounts known for perpetrating an anti-immigrant narrative online twisted his outcry to proclaim him dead, alleging that he was killed by 'a syndicate of Somalians'. However, as our investigators found, Khumalo is alive, well and 'shocked' at the news of his death, despite doing nothing to dispel the rumours. When Thulani Khumalo took to social media to share how threats were being made on his life, allegedly by foreign spaza shop owners who saw his business as competition, he never imagined that his story would be manipulated to make it seem like he had been killed by 'Somali syndicates' — at least that is what he says. In early May last year, Khumalo shared a message on Facebook, stating that he was being 'hunted down' by a man hired to kill him, all because he tried to be a South African spaza shop owner. Prior to this, Khumalo had posted about how he was trying to Khumalo's message drew widespread support from government officials and the broader public. Political parties, he said, offered him 'protection in terms of security, telling me they would tell the police to patrol this area regularly'. 'They also offered me funding, for example, the MK party, but this never materialised; it was only for that day. Political parties that visited were the ActionSA and the ANC from Ekurhuleni.' The message became popular on X, with some accounts alleging that Khumalo had been killed. Among these are the @Isephara and @joy_zelda accounts, which both stated at different times of the year that Khumalo had been killed by a 'syndicate of Somalians', once on 3 May, about an hour after he claimed that he was being hunted down, and another in August. Both these X accounts regularly post content with anti-foreigner sentiment. Between May and August, Khumalo was interviewed by The X post from the @ISephara account, Khumalo's initial Facebook post and the claim made in August 2024 by @joy_zelda can all be seen here: Speaking to investigative journalist Tabelo Timse, Khumalo alleges that the threats began around March and April last year. This is noteworthy because in March, he posted a picture of himself in what appears to be his spaza shop, including the words ' 'It started when I saw foreign shop owners casually walking up and down the street daily. Some will approach me to ask how much I am willing to sell this shop [for] or how much rent I want. When I refused [to sell or rent], I noticed people hiding down the street at the second school gate,' he said. Khumalo's shop is run out of his garage in a residential area. Hence, in order to verify the threats that he alleges, it would be important to understand the general foot traffic on that street. He added, 'This one time, I saw three guys hiding. Later, I noticed they were walking up the street, so I went inside the house. These three guys robbed someone who looked similar to me — I think I was the target. So, during the robbery, one robber was shot in the foot and he is the one who said they were looking for me. I don't know what happened to that guy.' However, relaying a similar incident to the City Press in June 2024, he claimed that it was his friend who was mistaken for him and shot in the leg. Khumalo says he went to the police but was told to provide proof of the threats before a case could be opened. He never appears to have provided such proof. Khumalo says he had no idea that the threats on Facebook would go viral, despite stating, 'Vosloorus, please make this trend …' He added that he had to deactivate his social media accounts when allegations of his death surfaced. 'I, and those close to me, including my family, never posted anything about my death. We were all shocked when we saw this account posting and my younger brother replied to those posts that I was alive and that this was fake news. But this person just went on and on about my death, even asking for donations,' he said. Khumalo still uses the same Facebook account from which he claimed that he was being hunted down and he has not taken the initiative to clarify the false narrative about his death. He says he sees 'no need' to clarify that he is alive because people can see that he is active on social media. 'This fake news about my death is also putting my life in danger because I am now exposed.' In a country where anti-immigrant sentiment is rife and xenophobic attacks continue to be perpetrated, it is important to clarify when misinformation is being generated and spread, even if the clarification favours a perceived 'enemy'. Khumalo has not been killed by so-called Somalian syndicates. Just as he feared for his safety, he also compromised the safety of competing entrepreneurs, who may have had nothing to do with the threats or his 'death'. Khumalo has missed multiple opportunities to come clean and dispel the rumours about his death — the first when he was interviewed by news media a month after his viral post, and the second which presents itself every time he logs in and posts on his account. Despite not explicitly setting the record straight, criminality against Khumalo cannot be condoned, and we hope that he finds proof to take legal action against those allegedly making threats against his life and business. Tabelo Timse is a freelance journalist and media consultant and a former investigative journalist at the amaBhungane Centre for Investigative Journalism. Yossabel Chetty is a Researcher at the .
Daily Maverick
2 hours ago
- Daily Maverick
Wars has now displaced over 122 million people as aid funding falls, UN says
The number of people displaced by war and persecution around the world climbed above 122 million this year due to a failure to resolve multi-year conflicts such as those in Sudan and Ukraine, the U.N. refugee agency said on Thursday. However, it said that funding to help the refugees has fallen to 2015 levels. There were over 2 million more people displaced globally by the end of April 2025 than there were the previous year despite the return of nearly the same number of Syrians after the collapse of Bashar al-Assad's rule, according to the report by United Nations High Commissioner for Refugees Filippo Grandi. It attributed the rise to major conflicts in Sudan, Myanmar and Ukraine, and a continued failure to stop the fighting. 'We are living in a time of intense volatility in international relations, with modern warfare creating a fragile, harrowing landscape marked by acute human suffering,' Grandi said in a statement alongside the report. Humanitarians complain that a lack of political leadership in brokering peace deals is prolonging conflicts and stretching aid groups seeking to address their impact. The surge in displacement numbers comes as funding to help them has fallen to 2015 levels when the total number of refugees around the world stood at about half current levels, UNHCR said. U.S. President Donald Trump has cut most foreign aid, while Britain and other European countries are also spending less on aid and more on defence. UNHCR, without naming donors, described the cuts as 'brutal and ongoing' and said the situation was untenable, leaving refugees and others vulnerable. David Miliband, president and CEO of the International Rescue Committee aid group, said the cuts to support for poorer countries would drive further displacement. The U.N. refugee agency, whose largest donor has historically been the U.S., has previously said the cuts put millions of lives at risk and left women refugees at a greater risk of rape and children at risk of trafficking. 'We are already doing more with less – but we cannot do this indefinitely,' said Jan Egeland, Secretary General of the Norwegian Refugee Council.
