The law, not Home Affairs, determines Chidimma Adetshina's status - immigration lawyer

CAPE TOWN - As the storm brews over the nationality of a Miss South Africa contestant, an immigration attorney says the law and not Home Affairs determines her status. 
 
The 23-year-old finalist, Chidimma Adetshina, is said to be of Nigerian and Mozambican heritage but born in South Africa to parents who both have South African residency status. 
 
Home Affairs Minister Leon Schreiber has made it clear the department will only clarify Adetshina’s status at her parents’ request and this will not be done each time there's public outrage about someone's identity. 

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Immigration lawyer Stefanie De Saude Darbandi explained the factors that would be taken into consideration in determining Adetshina's status. 

"In a case like this, where you are born to a South African, Home Affairs doesn’t have any discretion. The law says you are a South African. And questioning her status is not only discrimination and violates principles of equality and human dignity, but it also disregards legal principles. It’s saying that we don’t care what the law says, this is what we say, and we think that we are right."
 
De Saude Darbandi said at the heart of the outrage over Adetshina’s status was growing Afro- and xenophobia in South Africa. 
 
"There’s one thing to have freedom of speech, and there’s one thing to act as leadership on what people are bringing to your attention, but it’s another thing to be discriminatory and xenophobic in the public eye, and to encourage this type of discrimination."