South Africa
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.
Key Resources
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Lawyers for Human Rights, Statelessness and Nationality in South Africa, 2013
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Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide, 2014
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South Africa: Civil society submission on the right of every child to acquire a nationality under Article 7 CRC, 2015
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Christine Hobden, Report on Citizenship Law: South Africa, GLOBALCIT 2018
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Fatima Khan, Exploring childhood statelessness in South Africa, PELJ 2020
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Liesl Muller, The Law is Not Enough: Realising the Child’s Right to a Nationality in South Africa, Statelessness and Citizenship Review 2022