The brothers were born in Namibia, but came to South Africa eight years ago with their locally
born mother after their parents divorced.
The elder brother said in court papers their mother renewed their study permits to enable them to remain in SA and carry on their studies. Because their study permits expired at the end of December, they had approached a company claiming to specialise in immigration matters which undertook to secure new permits.
However, their mother was informed in January the company was unable to assist with the application due to changes in procedures at home affairs. The boys then applied for new study
permits, but were informed in February their application for temporary residence permits to allow them to study in SA had been rejected as their previous temporary residence permits had
They lodged an appeal, which was still pending. In desperation, their mother also completed forms for determination of citizenship, but the brothers were told they were not South African citizens and would have to apply for permanent residency.
All subsequent attempts were unsuccessful. The boy said in papers he was due to write his first matric exam in October and it was impossible for him to go to another school outside the country to finish his schooling at this stage.
His school principal informed him he would not be permitted to write the exam without a court
order or some type of authorisation allowing him to do so.
Judge Tony Thobane granted an order interdicting the education and home affairs departments from preventing the brothers writing their exams or interfering with their academic activities pending the outcome of an internal appeal.
Home affairs was also interdicted from arresting, detaining, deporting or removing the brothers from SA pending the outcome of their appeal.