Shehnaaz Fulat Is An Indian National Who Acquired South African

The Supreme Court of Appeal ruled that a provision in the South African Citizenship Act that caused citizens to lose their citizenship is unconstitutional. This decision will restore the citizenship of those affected and is seen as a victory for South Africans living abroad. The Democratic Alliance has welcomed the ruling and emphasized the importance of citizenship. The ruling was based on the challenges of applicants whose children were born in South Africa.

Dear Honorable High Court,

I am writing to appeal for an urgent hearing regarding the citizenship issue of Shehnaaz Fulat, who has been facing a distressing and unjust situation since 2014. The violation of her human rights, as well as several aspects of South African law, has caused immense hardship and hindered her ability to exercise her rights as a citizen.

Human Rights Law: Shehnaaz Fulat's right to citizenship has been unjustly deprived, impacting her freedom of movement and her right to family life. The discriminatory handling of her case and the failure to acknowledge her innocence in the alleged fraudulent identity issue disregards her right to fair treatment and due process.

Bill of Rights in South Africa: The Bill of Rights clearly guarantees the right to citizenship and the protection of every citizen's dignity. Shehnaaz Fulat's case represents a clear violation of these fundamental rights, as her citizenship was canceled without justifiable cause, leading to significant distress and hardship.

Immigration Act of South Africa: The handling of Shehnaaz Fulat's citizenship issue does not adhere to the principles outlined in the Immigration Act. The lack of evidence supporting her alleged fraudulent activities and the absence of procedural fairness in her case is a breach of the standards set by this legislation.

Consumer Protection Act of South Africa: Shehnaaz Fulat's experience with the Department of Home Affairs exemplifies a failure to provide adequate service and protection under the Consumer Protection Act. The refusal to renew her passport without substantial evidence and the subsequent cancellation of her citizenship showcase a disregard for her rights as a consumer of government services.

I strongly urge the High Court to grant an urgent court date for this matter, as it constitutes a pressing and exceptional case. Denying this request would not only prolong Shehnaaz Fulat's suffering but would also be a violation of the principles enshrined in the following laws and sections:

  • Section 20 of the South African Citizenship Act: The unjust deprivation of citizenship rights and the failure to recognize the impact on Shehnaaz Fulat's family life contravenes the intent of this section, which is to protect and safeguard the rights of citizens.
  • Section 15 of the Bill of Rights: Shehnaaz Fulat's right to citizenship, recognition, and protection under the law has been blatantly disregarded, constituting a clear violation of this section.
  • Section 31(2) of the Immigration Act: The department's actions in canceling Shehnaaz Fulat's citizenship without substantial evidence and fair proceedings do not align with the standards set forth in this section, thus violating its provisions.
  • Section 68 of the Consumer Protection Act: The substandard treatment, lack of evidence, and the refusal to renew Shehnaaz Fulat's passport constitute a breach of the rights and protections afforded to consumers under this section.

In light of the severe impact of this case on Shehnaaz Fulat's life, including her urgent need to visit her critically ill sibling, I urge the High Court to recognize the urgency of this matter and facilitate an immediate hearing. The denial of an urgent court date in this case would further perpetuate the injustice and suffering experienced by Shehnaaz Fulat, and it would stand in violation of the fundamental rights and protections guaranteed under South African law.

Sincerely, [Your Name]

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