The Constitutional Court has ruled in favour of five applicants, born in SA to foreign parents, who were seeking to apply for citizenship.

The ruling, after four years of legal battles, means the Minister of Home Affairs must accept the applications for citizenship of Mariam Ali, Aden Salih, Kanu Nkololo, Caroline Masuki, Murphy Nganga and any others 'similarly situated', and make a decision within 10 days.

GroundUp reports that the department opposed the court bid by the five adults, representing others in a similar situation, for the vindication of their rights. However, last week the top court simply ruled that it would not hear any further argument on the matter.

The department had not filed its papers in time, and it had not given good reason for this. This means that the applicants' previous victory in the SCA stands.

The SCA declared that if you were born in SA to foreign parents who have not been admitted as permanent residents, you qualify to apply for South African citizenship upon becoming a major if your birth was registered and if you have lived here all your life, irrespective of the date of your birth.

It also ordered the Minister to enact the necessary forms to allow for such applications within one year.

Pending this, he must accept applications on affidavit.

The applicants, assisted by the Legal Resources Centre, were all born in SA to foreign parents and had all turned 18. But their applications for citizenship under naturalisation laws were being refused.

The Minister argued that Citizenship Amendment Act which came into effect in January 2013, only applied to children born after January 2013 and could not be applied retrospectively.

The Western Cape High Court ruling in favour of the applicants was taken on appeal to the SCA by the Minister.

Full GroundUp report