South Africa: Unlocking citizenship: Overcoming irregular birth certificates
Published: 21/Feb/2025
Source: Cliffe Dekker Hofmeyr (law firm, South Africa)
Nearly a decade after the coming into effect of various amendments to the South African Citizenship Act 88 of 1995 (Citizenship Act), which included a new ground of citizenship through the insertion of section 4(3) the Department of Home Affairs (Department) continues to impose arbitrary requirements that create unnecessary barriers to deserving applicants seeking to enforce their right to citizenship under section 4(3) of the act. This pattern of deprivation not only violates the clear provisions set forth in the Citizenship Act, but also effectively undermines the rule of law by denying individuals their legitimate rights entrenched in our Constitution, 1996. It raises serious concerns about the integrity and fairness of the implementation of the legal framework governing citizenship.
By Jacquie Cassette & Elgene Roos
At a glance
- Nearly a decade after the coming into effect of various amendments to the South African Citizenship Act 88 of 1995 (Citizenship Act), which included a new ground of citizenship through the insertion of section 4(3), the Department of Home Affairs continues to impose arbitrary requirements that create unnecessary barriers to deserving applicants seeking to enforce their right to citizenship under section 4(3) of the act.
- In a recent case, a young man who met the criteria for citizenship under section 4(3) of the Citizenship Act was initially denied citizenship because of the circumstances under which his parents registered his birth; circumstances outside of his control.
- This alert aims to inform and support others who may face similar challenges regarding citizenship applications being unjustly rejected on comparable grounds.