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Home affairs minister Leon Schreiber says the courts will ultimately determine the legal dispute involving Chidimma Adetshina, insisting the case demonstrates that SA’s immigration system operates within the rule of law.
Speaking to Newzroom Afrika, Schreiber declined to comment extensively on the merits of the matter while litigation is before the courts, saying the department of home affairs is opposing Adetshina’s application through the legal process.
“I think the court will have to settle that matter. I don’t want to get into a live court dispute. Of course, we are opposing that case, and we are making our submissions through that process, but what is important is that any allegation or perception that South Africa’s immigration system does not work towards the rule of law is put to bed because people have the right to go to court,” said Schreiber.
He said the department’s actions were based on its investigation and not arbitrary decisions.
“I think the case demonstrates that we don’t take arbitrary action. We don’t deny anyone the right to go to court and have their day in court. But, at the same time, we have a dispute here. We disagree,” he said.
The work by home affairs has resulted in the uncovering of [a] South African who had her identity stolen by the mother in this particular case and then a series of other steps that have been effected precisely to enforce the rule of law without fear or favour
— Leon Schreiber, Home affairs minister
Schreiber said the department’s investigation uncovered alleged identity fraud involving Adetshina’s mother.
“The work by home affairs has resulted in the uncovering of [a] South African who had her identity stolen by the mother in this particular case and then a series of other steps that have been effected precisely to enforce the rule of law without fear or favour,” he said.
He also said that the legal challenge itself showed SA’s democratic institutions were functioning as intended.
“The concept of someone being able to go to court precisely puts to bed the suggestion that SA somehow does not have these mechanisms in place while, at the same time, we can have a clear dispute on the facts, and we certainly hope that the court will settle this matter so that we can move forward,” he said.
Schreiber’s remarks come as parliament’s portfolio committee on home affairs confirmed this week that it had received numerous unsolicited public submissions questioning whether immigration attorney Stefanie de Saude-Darbandi’s continued service on the Immigration Advisory Board creates a real or perceived conflict of interest.
De Saude-Darbandi, a South African immigration and citizenship law specialist, attorney and notary, is one of five independent members of the statutory board established under section 4 of the Immigration Act to advise the minister on immigration regulations, policy, border management and enforcement.
She also represents Adetshina in her legal challenge against the department.
Last week committee chairperson and ANC MP Mosa Chabane said the committee would engage directly with Schreiber and investigate whether the concerns raised could undermine public confidence in the advisory board.
De Saude-Darbandi has publicly defended her role, saying she would not accept a legal mandate if she believed a client was attempting to misuse the legal system.
Adetshina’s case first attracted national attention during the Miss SA 2024 competition when questions about her nationality and eligibility sparked widespread public debate.
After complaints, the department investigated her family’s citizenship status and said preliminary evidence indicated that her mother had committed identity fraud in 2001 while obtaining South African citizenship.
Amid mounting public pressure and security concerns, Adetshina withdrew from the pageant in August 2024.
Home affairs later revoked the South African identity documents and passports of both Adetshina and her mother. In December 2024, the department declared Adetshina a prohibited person under the Immigration Act.
In June this year, immigration officials arrested her in Cape Town, alleging she was residing unlawfully in SA after previously obtaining a Nigerian passport, unsuccessfully applying for a South African visitor visa and later re-entering the country through the Lebombo border.
Her legal team disputes the department’s findings, arguing that home affairs failed to conduct a fair investigation before invalidating her status.
Adetshina is challenging both the revocation of her citizenship-related status and the deportation process in the Western Cape High Court. She remains out on warning pending the outcome of the case.
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