A Kenyan man has made headlines after a South African court delivered a landmark ruling in his favour, setting a precedent in the country's immigration laws.
The Kenyan man, who works as a media researcher was battling deportation orders after breaking up with his wife of South African descent.
South African Department of Home Affairs was contemplating putting him on the next flight to Kenya without allowing him to see or tag along his only son.
However, a South African court has revoked a section of the Immigration Act where foreigners’ spouse visas were terminated once their relationship with their South African spouses ended. This meant that he had no right to be in South Africa after announcing separation.
The Kenyan, in this case, had either the option of leaving the country, even if it meant leaving his child behind, or to reapply for a visa to remain in the country. However, he could only do so from outside South Africa.
But the landmark ruling by Western Cape High Court now means that foreigners who are parents and caregivers of South African children will be allowed to remain in the country after their relationships with their South African spouses end.
Judge Mark Sher ruled that certain provisions of the Immigration Act and its regulations are unconstitutional, giving relief to the Kenyan national.
"They point out that while their spousal relationship might have come to an end, their parental relationships have not.
"I am of the view that the effect of the provisions in issue results in a violation of both their rights to dignity as well as those of their children and the children’s constitutional and parental rights," Justice Sher ruled.
The ruling has set a precedent in the country in divorce cases involving foreigners married to South Africans.
Arguing his case, the Kenyan citizen explained that he had established a strong bond with his son and that he is willing to share 50 per cent of parental responsibilities with his estranged wife.
He further denied being an absentee father, stating that he was in a position to share parental responsibilities with his spouse.
Moreover, he pleaded with the court not to deport him arguing that it would be difficult for him to secure a sustaining job in Kenya.
