In a landmark legal ruling, the Western Cape High Court has ordered Minister of Home Affairs Leon Schreiber to reconsider a previous decision that denied permanent residency to an undocumented Angolan mother and her severely disabled son. The ruling overturns a decision made by Schreiber’s predecessor, Dr. Aaron Motsoaledi, who had initially refused the family’s request for residency.
The case has drawn attention to the plight of the Angolan family, who have lived in South Africa for years without legal documentation. The mother, whose identity remains protected for legal reasons, has been the sole caregiver for her son, who suffers from a severe disability requiring constant medical care. She applied for permanent residency to ensure that her son could continue receiving the essential healthcare available in South Africa, which far surpasses the medical services accessible in Angola. However, her application was denied, prompting her years-long fight to remain in the country.
In her ruling, Judge Elize Steyn highlighted the profound impact that denying residency could have on the child’s wellbeing, given the critical healthcare he depends on in South Africa. The court instructed Minister Schreiber to re-evaluate the case, taking into account the family’s unique circumstances and the humanitarian needs of the child.
This decision marks a significant moment in addressing the challenges faced by undocumented individuals in South Africa, particularly those in need of medical care. Human rights groups have welcomed the court’s judgment, praising it as a step forward in ensuring that the country’s immigration policies reflect both legal requirements and moral responsibilities to protect vulnerable individuals.
As of now, Minister Schreiber has not issued a formal response to the ruling.