The Gauteng High Court (Pretoria) has dismissed an application by the son of the fugitive Ajay Gupta, seeking to compel the Department of Home Affairs to issue a birth certificate and passport for his daughter.

Judge JS Nyathi dismissed this application by Kamal Singhala, son of Ajay, on Friday, with costs, says a City Press report.

Singhala, who recently lost his SA citizenship, brought the application against Home Affairs DG Livhuwani Makhode.

Singhala wants a passport and birth certificate for his five-year-old daughter, who was born in Dubai. He approached the High Court, which in October 2022, ordered the DG to issue the passport and birth certificate.

However, this order was never followed, and Singhala filed a contempt of court application against Makhode, asking the court to send him to jail.

Last year, Makhode applied for a review of the initial court order, arguing that Singhala's SA citizenship had been obtained in a dubious manner.

Nyathi rejected Singhala's application, believing that the merits of Makhode's review application were strong. 

Home Affairs Minister Leon Schreiber, revoked Singhala's citizenship last year after discovering several inconsistencies in its granting.

Nyathi stated that the 'factual allegations' surrounding Singhala's citizenship meant that his daughter could not be entitled to SA citizenship.

He also cited the Gupta family's status as fugitives from the law and the fact that Makhode had already filed a review application with the court as reasons Singhala's application could not succeed.

Full City Press report