CAPE TOWN - Could Chidimma Adetshina still have a legal pathway to remain in South Africa?
An immigration lawyer says the short answer is yes, but cautions that the process is far from straightforward.
She says Adetshina can challenge both her detention and any deportation order while her legal status is being determined.
The beauty queen was declared persona non grata after authorities found that her birth had been fraudulently registered by her mother.
READ: Chidimma Adetshina continues fight against deportation
On Monday, the Cape Town Regional Court heard arguments that Adetshina unlawfully re-entered South Africa through the Mozambican border.
In 2024, Home Affairs Minister Leon Schreiber revealed that Adetshina’s South African identity document had been fraudulently obtained by her mother, Anabela Rungo.
The Nigerian beauty queen is challenging her detention while awaiting a decision on whether she will be deported.
Judgment on the lawfulness of her detention is expected on 19 August.
“There could be a legal pathway for her, but it is not automatic,” said Yolanda Akram, an immigration lawyer at Akram and Company Attorneys.
“Her immediate remedy is to challenge the lawfulness of the detention and deportation process and, where necessary, obtain interim protection preventing her removal while her legal status is finally determined.
“It also matters that she may have lived for years believing that state-issued documents were valid. Issues of dignity, lawful administrative action and the severe consequences of losing one’s legal identity require careful judicial consideration.”
However, Akram said that innocence alone does not confer citizenship.
“Citizenship is determined by statute. While the fact that she was an infant at the time is significant when considering culpability, fairness, remedies and proportionality, she must still establish a legal basis for South African citizenship or lawful residence.”