South Africa is one of the few countries in Africa that provides, in its 1996 Constitution, for every child to have the right to a nationality. South African citizenship is governed at the statutory level by the South Africa Citizenship Act No. 88 of 1995, as amended most recently in 2010.
The law provides for mothers and fathers to have equal rights to transmit citizenship to their children and spouses. The law also provides that a child born in South Africa is a South African citizen by birth if “he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality” and the birth is registered in accordance with the Births and Deaths Registration Act. The law does not, however, include a presumption of citizenship for children of unknown parents found on the territory.
Until 2010, the law provided for citizenship to be attributed at birth to the children of permanent residents born in South Africa; since 2010, the law only provides for a child born in South Africa to be able to acquire citizenship at majority, subject to certain conditions, including registration of birth.
In practice, children born in South Africa who do not acquire the nationality of one of their parents at birth have struggled to obtain South African citizenship. In other cases, South African parents who lack identity documents may be unable to register the births of their children, putting those children at risk of being unable to assert their citizenship.
By Anlu Keeve The Institute of Race Relations (IRR) condemns the proposal by Supra Mahumapelo, chairperson of Parliament’s Portfolio Committee on International Relations and Cooperation, that legislation be introduced to allow the state to strip South Africans of their citizenship […]
The Department of Home Affairs (DHA) has condemned disinformation about the Constitutional Court’s 7 July 2026 judgment in the Scalabrini Centre of Cape Town matter, which concerns the processing of asylum applications. “Despite it being public knowledge that this case […]
Government ordered to amend home affairs regulations within 18 months Ernest Mabuza The Western Cape High Court has handed down a landmark judgment declaring as unconstitutional regulations that prevent children of foreign nationals, and abandoned children, from registering their births […]
(17367/2022) [2026] ZAWCHC 381 (29 July 2026) 1. It is declared that the failure or refusal by the respondents, or either of them, or by officials of the Department of Home Affairs (Department), to receive, process and determine an application […]
On 29 July 2026, a full bench of the Western Cape High Court handed down a significant judgment that removes longstanding barriers to birth registration in South Africa. In Cirangashane and Others v Director General of the Department of Home […]
In the recent decision of Minister of Home Affairs and Another v Sakharov (2024-044391) [2026] ZAGPPHC 648 (22 June 2026), the Pretoria High Court had to determine whether the Department of Home Affairs (DHA) could rescind a Court Order directing […]
By Sinenhlanhla Masilela The North Gauteng High Court in Pretoria has dismissed an application by the Minister of Home Affairs and the Director-General of Home Affairs to overturn an earlier order declaring a foreign national, Mikhail Sakharov as a South […]
By Sinenhlanhla Masilela| The North Gauteng High Court in Pretoria has rejected an application from the Minister of Home Affairs and the Director-General of Home Affairs to overturn a previous ruling that granted Mikhail Sakharov, a foreign national, South African […]
By Lukholo Mazibuko The Minister in the Presidency for Women, Youth and Persons with Disabilities, Lydia Sindisiwe Chikunga, has denounced what she calls a “malicious and orchestrated” social media campaign falsely claiming she is not a South African citizen. In […]
(2024-044391) [2026] ZAGPPHC 648 (22 June 2026) Brief Facts [2] It is common cause that on or about 9 December 2013 the respondent was granted a permanent residence permit to reside in South Africa. It is also common cause that […]
Refugees and stateless people face a long road to getting documentation By Marecia Damons Lumumba Chia has lived in South Africa for more than two decades. He holds a Refugee Permit, has filed the necessary applications, and has done everything […]
In the remote, rural regions of Elliotdale, Eastern Cape, the Nosintu Gwebindlala Foundation is combating generational statelessness by ‘walking the journey’ of securing IDs and birth certificates with residents. By Tamsin Metelerkamp In the deep rural regions of Elliotdale in […]