Is the brand Department of Home Affairs trustworthy?
Unsatisfactory
Satisfaction Index over the past 12 months.
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0%
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0%
Solution Rate
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Average Ratings
10%
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Department of Home Affairs - Stuck in a null and void marriage

No resolution
Siyasamnkela Sharon Mdluli
Siyasamnkela Mdluli filed the complaint
16 July 2024
I am a South African, whose Zimbabwean husband had a South African ID when we got married, then when the Home affairs came up with the Dispensation Zimbabwe Project (DZP) in 2010, he then surrendered his South African ID. We did not hear anything from the department until in 2019 when we went there to renew passports for the kids, they told us we cannot be able to do so because their fathers ID is deleted/marked for deletion and in the kids certificate he is listed as the father. They then told him to go to a certain Branch in Pretoria where they issued him a letter that allowed him to change everything he owned in his South African ID to his Zimbabwean details. Since then, we have been up and down with the issue of our marriage because they cancelled his ID from the system, but they did not cancel the marriage.

In all the Home Affairs we visited no one knows how to help us. We have called and emailed no one is responding. By law there are three ways to dissolve a marriage, is either you divorce, annul or one spouse dies. I tried to fill for divorce with no success, because at court they wanted me to go and get my marriage certificated printed again and at the Home Affairs they said they are unable to print it because my husband details no longer exist in the system, meaning the marriage is null and void. When I told them at the court offices, they said they cannot process to dissolve a marriage that is nonexistence. Now I ask, if the marriage is null and void and non-existing, how am I still married on the Home Affairs system? And to whom am I married to, as they have deleted the details of the person I married? I also went to the Legal Aid office in Braamfontein, they said I can annul it, but they referred me to their offices downtown where they told me that, there are not enough grounds to justify the annulment of my marriage. Therefore, since we are both alive, " I cannot divorce or annul", then what is my solution. Because now I am stuck, I cannot do anything since i am married in community of property, everything serious thing I need to do it needs the consent of my "spouse" which i cannot produce, my kids cannot obtain passports because of this issue so they cannot travel.
This complaint has a private attachment.
Incident date: 16 July 2024
This complaint has been considered as not resolved.
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