₦airaland Forum

What is her intentions for keeping hold of unwelcome identity, to me my life is most important more than anything on earth

She will lose the case considering that it is said that her mother obtained South african citizenship by deception

Aga e need e egbu ya

seppuku:
Give her Canadian citizenship first nah!

She can use the PR route na

LordLicifer:
She will lose the case considering that it is said that her mother obtained South african citizenship by deception

Not that simple.

1. The fact that she was and infant and the culpability of the crime can be argued in terms of punishment.
2. There is no counter evidence to the fact that she was born in South Africa and there are certain additional "conditions" under this event that may give and individual the ability regularize her stay.

The sentiment by the country against her is what may count against her but as far as the law is concerned, she has a shot.

SURElee:
She can use the PR route na

I think she is trying out her luck with the court case but yes if I were her at this point, I would use whatever connections I have to get myself situated somewhere else because of the threat to my life.

I do feel for the girl being that when she first stepped out for this paegent, she genuinely believed she was South African.

The true blame is on her mother and noone else.

nlfpmod:

https://www.youtube.com/watch?v=JKnDbdqoiVM

Accent can be learnt

JASONjnr:
Even if the court grants her the permission to stay, while the people rejects her, her life will never be the same....

SA are hate-filled people
.

It doesn't make any sense staying in a country that hate ur roots so much her safety in SA is definitely not guaranteed even if she wins the case.

Daniluv1:
Probably you don't know what it means or how it feels leaving a place you've lived almost all your life built connections and all to go start all afresh.

That can't still equate to ur life and personal safety imagine getting killed or physically harmed in the same country u see as ur own not worth it, there are so many developed countries that's better than SA that's ready to welcome her if she decides to relocate.

olisaokere:
She was born in South Africa and by extension a citizen of that country and also resides in that country.Now my question is what crime did she commit that would make the SA government pushing for her removal from the country?

Her crime is having roots in nigeria the south african govt says her mother stole someone else identity and so only the south african courts can decide if she is really south african or not.

mikeapollo:
It depends on what their law says. Citizenship may be by blood relation or by birth

Her case is complicated because of her mother's case that claimed she stole someone else identity in other to be allowed to legally give birth her, the south african courts might just use this case to make a statement that a foreigner can't forge and steal a south african identity and later get rewarded for it.

seppuku:
Not that simple.

1. The fact that she was and infant and the culpability of the crime can be argued in terms of punishment.
2. There is no counter evidence to the fact that she was born in South Africa and there are certain additional "conditions" under this event that may give and individual the ability regularize her stay.

The sentiment by the country against her is what may count against her but as far as the law is concerned, she has a shot.

Maybe,.


But credibilities play positive part in court, as it appears, fundermentally her credibility is vague on how her mother obtained her citizenship, she may have been born in South Africa but she would have to proof beyond reasonable doubt that she is a South africa citizen by birth as been born in SA wouldn't be enough proof that she is a South African. Authentic birth certificate if she has any might just be her remdemption..

Another chance is, she can claim asylum on the ground of statelessness should she lose the case even that might be shakey been that it has been estabilished that her mother is a Zambian.

Before the SA government took the case to court they knew they have a chance of winning the case.

seppuku:
Being born in South Africa never transfered automatic citizenship to any South African and as a self declared southgerian you should know this.

There are "conditions" attached to your birth South Africa that confer citizenship on you. There have been amendments in the immigration act latest being 2013 that removed the ability for children of legal permanent residents born in South Africa to acquire citizenship automatically.

Word of advice, since you are inbetween two worlds being that you are part South African, part Nigerian I suggest yhou remove yourself from taking any sides.

It does, chidinma was born before the law was changed.

Euromillion200:
It does, chidinma was born before the law was changed.

That is correct but what must be considered now is the authenticity of her birth in South Africa and if one of her parents was indeed "legal" in the country before her birth.

This case will set some sort of precedence with situations like hers which is why all eyes are on her at this point. Coupled with the intrinsic dislike that some South Africans have for Nigerians the opponents would not want her to win the case soley based on an "emotional" or "nationalistic" basis but it boils down to how the law should be applied to her without fear or favor.

We shall see in the end.

PS. I admire how some of you Southgerians who are able to navigate South African society with its general fear of being replaced by a minority group like yourselves.

LordLicifer:
Maybe,.


But credibilities play positive part in court, as it appears, fundermentally her credibility is vague on how her mother obtained her citizenship, she may have been born in South Africa but she would have to proof beyond reasonable doubt that she is a South africa citizen by birth as been born in SA wouldn't be enough proof that she is a South African. Authentic birth certificate if she has any might just be her remdemption..

The claim that she was born in South Africa has not been disputed by home affairs otherwise it would have come up by now so I doubt that will be an issue.

LordLicifer:
Another chance is, she can claim asylum on the ground of statelessness should she lose the case even that might be shakey been that it has been estabilished that her mother is a Zambian.

Unfortunately she has claimed her Nigerian citizenship and therefore cannot be deemed stateless nor can she claim asylum on any grounds at the moment cause she is not running away from anything. Her case will soley be based on her "ties" to South Africa.

LordLicifer:
Before the SA government took the case to court they knew they have a chance of winning the case.

Not necessarily. They are following procedure so as to be compliant with the law.

Mrexcell:
That can't still equate to ur life and personal safety imagine getting killed or physically harmed in the same country u see as ur own not worth it, there are so many developed countries that's better than SA that's ready to welcome her if she decides to relocate.

My wish is that she wins the case but still leaves the country.

seppuku:
The claim that she was born in South Africa has not been disputed by home affairs otherwise it would have come up by now so I doubt that will be an issue.



Unfortunately she has claimed her Nigerian citizenship and therefore cannot be deemed stateless nor can she claim asylum on any grounds at the moment cause she is not running away from anything. Her case will soley be based on her "ties" to South Africa.



Not necessarily. They are following procedure so as to be compliant with the law.

As i said, the claim isn't an issue but proving it beyond doubt might be an issue, I can claim to be born in Ghana but what proofs do i have to back my claim up?


Okay, if she has claimed nigerian citizenship that isn't going to help her case because that would be a good reason for her been asked to leave South Africa.


Why would they put her through the courts knowing that they might lose? It would flaw their reputations, i suspect they may have a good ground hence the law suit

LordLicifer:
As i said, the claim isn't an issue but proving it beyond doubt might be an issue, I can claim to be born in Ghana but what proofs do i have to back my claim up?

Birth certificate which it seems she has presented. I haven't heard any rebuttal to that.

LordLicifer:
Okay, if she has claimed nigerian citizenship that isn't going to help her case because that would be a good reason for her been asked to leave South Africa.

Correct.

LordLicifer:
Why would they put her through the courts knowing that they might lose? It would flaw their reputations, i suspect they may have a good ground hence the law suit

Deportations are administrative and procedural and can be contested which is what she is doing.

seppuku:
Birth certificate which it seems she has presented. I haven't heard any rebuttal to that.



Correct.



Deportations are administrative and procedural and can be contested which is what she is doing.

A birth certificate obtained fraudulently it is said by her mother.




Well.... Yes, she can only try, the judge's decision would be the ultimate.

seppuku:
That is correct but what must be considered now is the authenticity of her birth in South Africa and if one of her parents was indeed "legal" in the country before her birth.

This case will set some sort of precedence with situations like hers which is why all eyes are on her at this point. Coupled with the intrinsic dislike that some South Africans have for Nigerians the opponents would not want her to win the case soley based on an "emotional" or "nationalistic" basis but it boils down to how the law should be applied to her without fear or favor.

We shall see in the end.

PS. I admire how some of you Southgerians who are able to navigate South African society with its general fear of being replaced by a minority group like yourselves.

The truth is that I've left South Africa since I was a teenager I never really enjoyed being in South Africa due to so much corruptions and ignorant of the overwhelming majority of the blacks..chidinma is a South African by the virtue of birth and not of her parents nationality period.

LordLicifer:
A birth certificate obtained fraudulently it is said by her mother.

No, a fraudulent " South African ID number." Her place of birth is not disputed.
A foreigner can also obtain this same ID number for your information.


Think of it as a fraudulent social security number in the US or NHS number in the UK.

LordLicifer:
Well.... Yes, she can only try, the judge's decision would be the ultimate.

Watch this


https://www.youtube.com/watch?v=5iVK9bpoEew

Euromillion200:
The truth is that I've left South Africa since I was a teenager I never really enjoyed being in South Africa due to so much corruptions and ignorant of the overwhelming majority of the blacks..chidinma is a South African by the virtue of birth and not of her parents nationality period.

Good for you.

seppuku:
No, a fraudulent " South African ID number." Her place of birth is not disputed.
A foreigner can also obtain this same ID number for your information.


Think of it as a fraudulent social security number in the US or NHS number in the UK.




Watch this


https://www.youtube.com/watch?v=5iVK9bpoEew

I see, and also ask the same question the news reporter guy asked, why are they in court? She is clearly a South african. What is the dispute? Infact, she is a full south african considering her grandfather's marriage to a south african.she is even more South African than Nigerian. I think she will win the case, i hope she claims a huge monetary compensation for the humiliation and trauma

LordLicifer:
I see, and also ask the same question the news reporter guy asked, why are they in court? She is clearly a South african. What is the dispute? Infact, she is a full south african considering her grandfather's marriage to a south african.she is even more South African than Nigerian. I think she will win the case, i hope she claims a huge monetary compensation for the humiliation and trauma

As more facts come out the story is becoming even more convuluted for me as well. I did not know the information about her grandfather until now.

It seems they are trying to tie the fact that her Grandfather was a legal resident when married to her grandmother who was allegedly Zulu and then had Chidinma's mother who very likely did not correctly claim SA citizenship at that time that would transfer to her daughter but instead obtain and ID at the time of her birth fraudulently.

It is a known fact that Homeaffairs has failed numerous times in interpreting South African citizenship or immigration law and have lost cases.

A famous one is when they try to take citizenship away from South Africans who had obtained citizenship of a different country without informing the minister.

They were taken to court and lost the case eventually.

We shall see.

seppuku:
As more facts come out the story is becoming even more convuluted for me as well. I did not know the information about her grandfather until now.

It seems they are trying to tie the fact that her Grandfather was a legal resident when married to her grandmother who was allegedly Zulu and then had Chidinma's mother who very likely did not correctly claim SA citizenship at that time that would transfer to her daughter but instead obtain and ID at the time of her birth fraudulently.

It is a known fact that Homeaffairs has failed numerous times in interpreting South African citizenship or immigration law and have lost cases.

A famous one is when they try to take citizenship away from South Africans who had obtained citizenship of a different country without informing the minister.

They were taken to court and lost the case eventually.

We shall see.

Interesting


From what i heard watching that video.they will lose this case too. The South african home affairs appears to be notoriously consistently incompetent.

We shall see.