The home affairs department is within its rights to revoke Miss Universe Nigeria contestant Chidimma Adetshina and her mother's South African ID and travel documents without a criminal investigation finding her mother guilty of fraud.
This is according to immigration lawyer Ashraf Essop.
The department announced plans to withdraw Adetshina and her Mozambican mother's documents due to allegations of fraudulent citizenship acquisition by Adetshina's mother. The case has been handed to the Hawks.
Essop told TimesLIVE there are two separate processes at play: the civil process and the criminal process.
In this case, home affairs concluded its civil process and handed the case to the Hawks for a criminal investigation.
The issue has sparked heated debate, with some in South Africa calling for Adetshina's removal from the Miss Universe contest. However, Essop said: “She hasn't entered as a South African, she has gone as a Nigerian entrant.
“There's no crime committed in Nigeria and they haven't been charged. All that has happened, from what we can assess, is they are no longer South African citizens.”
Adetshina could have used her Nigerian documents for the international competition, he added.
Adetshina was born in Soweto, South Africa, to a Nigerian father and Mozambican mother.
The controversy surrounding her citizenship began when she became a finalist in the Miss South Africa pageant, facing scrutiny over her eligibility due to her mother's Mozambican roots and her Nigerian father's nationality.
Adetshina eventually withdrew from the competition and went on to win the title of Miss Universe Nigeria. She is set to represent Nigeria in Mexico next month.
TimesLIVE
Chidimma unlikely to be kicked out of Miss Universe: immigration lawyer
She entered the competition as a Nigerian representative, says Ashraf Essop
The home affairs department is within its rights to revoke Miss Universe Nigeria contestant Chidimma Adetshina and her mother's South African ID and travel documents without a criminal investigation finding her mother guilty of fraud.
This is according to immigration lawyer Ashraf Essop.
The department announced plans to withdraw Adetshina and her Mozambican mother's documents due to allegations of fraudulent citizenship acquisition by Adetshina's mother. The case has been handed to the Hawks.
Essop told TimesLIVE there are two separate processes at play: the civil process and the criminal process.
In this case, home affairs concluded its civil process and handed the case to the Hawks for a criminal investigation.
The issue has sparked heated debate, with some in South Africa calling for Adetshina's removal from the Miss Universe contest. However, Essop said: “She hasn't entered as a South African, she has gone as a Nigerian entrant.
“There's no crime committed in Nigeria and they haven't been charged. All that has happened, from what we can assess, is they are no longer South African citizens.”
Adetshina could have used her Nigerian documents for the international competition, he added.
Adetshina was born in Soweto, South Africa, to a Nigerian father and Mozambican mother.
The controversy surrounding her citizenship began when she became a finalist in the Miss South Africa pageant, facing scrutiny over her eligibility due to her mother's Mozambican roots and her Nigerian father's nationality.
Adetshina eventually withdrew from the competition and went on to win the title of Miss Universe Nigeria. She is set to represent Nigeria in Mexico next month.
TimesLIVE
MORE: