An immigration attorney has clarified the reasons why former Miss Universe Nigeria Chidimma Adetshina is currently without valid South African citizenship, and the implications this holds for her future in the nation.
Craig Smith, the immigration lawyer, appeared on Newzroom Afrika to dissect the two legal issues Adetshina faces. He explained that her case involves both the Citizenship Act and the Immigration Act, both of which are unfavorable to her situation.
Reasons for the Loss of Chidimma Adetshina’s South African Citizenship
Smith stated that Adetshina acquired her citizenship via her mother, who supposedly obtained it through fraudulent activities. The Department of Home Affairs stripped her of that citizenship based on this information, a decision that Smith deemed justified under the circumstances. Adetshina is now appealing that decision in the Western Cape High Court, but Smith expressed skepticism regarding her prospects for success.
“I don’t really see an out in this regard… I can’t see how they’re going to succeed in turning that decision around because it was predicated on fraud,” he said.
Chidimma Adetshina’s Status in South Africa
In addition to the citizenship issue, Smith highlighted that Home Affairs has categorized Adetshina as a prohibited individual under the Immigration Act, barring her from obtaining any visa in South Africa, including a visitor’s visa. Despite this, she reportedly re-entered the country via the Mozambican border using a visitor’s visa that she was not eligible for. Following this incident, she was located in South Africa with her son, detained as deportation proceedings were initiated, before eventually being released.
Smith also pointed out a critical legal challenge related to those deportation proceedings. Although the case is currently under magistrate’s review, he emphasized that magistrates lack the authority to issue deportation orders within the framework of the Act.
“The Act does not entitle a magistrate to issue an order of deportation,” he remarked, underscoring the procedural bottleneck encountered in the case.
Watch Craig Smith discuss Chidimma Adetshina’s legal circumstances on Newzroom Afrika here:
Public Reactions to Chidimma Adetshina’s Document Revocation
Individuals in South Africa have voiced strong opinions regarding Smith’s insights:
@ezezimali expressed frustration:
“It’s not enough; deportation must follow, plus the dismissal of those people in the IAB that continue to work against South Africans and siphon the state of its funds.”
@SakieMash remarked:
“We can’t celebrate while the case is still ongoing in court.”
@_NhlanhlaNkosi_ celebrated:
“This is good.”
@PapaGeezlike questioned:
“What’s the point of taking it to the magistrates’ court if it has no power to deport? Akahambe man!”
