ZIM BORN CA DECLARED SOUTH AFRICAN AFTER DNA TEST, 8-YEAR BATTLE TO GET SA CITIZENSHIP
Mbongeni 99.99 percent match to his father, 98.87 percent match to paternal grandfather
By Fanuel Viriri
A Zimbabwe-born Chartered Accountant sired by a South African father has been fighting since 2018 to prove he is South African and has won his case in the Northern Gauteng High Court sitting in Pretoria, South Africa following DNA tests linking him to his father and paternal grandfather.
Mbongeni Bhebhe, a University of Cape Town graduate and SA successful businessman was issued a South African ID in 1996 reflecting Zimbabwe as his place of birth, was summoned by the Department of Home Affairs on 2 March 2018, detained and declared undesirable, while his wife was ordered to leave the country despite holding a valid visa.
The Department alleged he had committed fraud in 1996 by claiming to be the child of a different South African woman, Ms Nontozakhe Dozina Bhebhe, and by stating his place of birth as Johannesburg.
Bhebhe denied ever completing or signing the forms relied on by Home Affairs. At the trial referred for oral evidence on 7 February 2022, Home Affairs led no witnesses. A handwriting expert confirmed the handwriting and signatures on the disputed forms were not his, and her evidence was not meaningfully challenged.
A DNA expert established a 99.99% probability that Elliot Mbalekelwa Bhebhe is his father and a 98.87% probability that Peter Gumede is his paternal grandfather. Home Affairs declined to cross-examine the DNA expert and led no counter-expert.
On 13 March 2026 the High Court found the fraud documents were not authentic, set aside the impugned decisions, declared Bhebhe a South African citizen by birth in terms of section 2(1)(b) of the Citizenship Act and declared his wife Lindelihle Bhebhe a permanent resident.
Home Affairs filed an application for condonation and leave to appeal to the Supreme Court of Appeal on 5 June 2026, approximately 45 court days late, citing a belief that counsel’s opinion had been forwarded and that the CaseLines server was intermittently inoperative, without providing proof or dates.
On 11 August 2026 in ZAGPPHC 866, Judge Marcus Senyatsi refused condonation for the late filing, finding the delay substantial and the explanation unsatisfactory, and dismissed the application for leave to appeal for lack of reasonable prospects of success and no compelling reason, ordering Home Affairs to pay costs on the attorney and client scale jointly and severally.
Mbongeni Bhebhe was represented by Advocate Nzwisisai Linda Dyirakumunda instructed by Chivizhe & Chitiyo Attorneysn of Randburg. Home Affairs, the applicant was represented by Advocate William Mokhare and Advocate Mojakunyane Gumbi.