SA Citizenship Act — a matter of identity, inclusion and unity
Published: 5/Aug/2024
Source: Business Day (Johannesburg)
Chidimma Adetshina’s success should be a reason to celebrate SA’s diverse heritage
By STEFANIE DE SAUDE DARBANDI
The SA Citizenship Act of 1995 outlines the criteria for citizenship, which were revised after January 2013. The act now uniformly grants citizenship to individuals born to an SA citizen, regardless of where they are born.
Before this change, the law distinguished between those born within and outside the country. Before January 2013, a child born abroad to an SA parent was entitled to citizenship by descent, whereas those born in SA to a citizen or permanent resident were automatically citizens.
After the 2013 amendments, children born in SA to permanent resident permit holders are classified as foreigners unless one parent is an SA citizen, and they qualify for citizenship status only at the age of 18. Moreover, citizenship by descent is now limited to children adopted under the Children’s Act, emphasising that one parent must be an SA citizen at the time of adoption.
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Adetshina meets all of the requirements to be a contestant in Miss SA, which include being an SA citizen. While the department of home affairs’ records are not always infallible, they do not hastily grant citizenship status. Should there be any error, the department would need to prove it.
Nonetheless, the law is clear: if Adetshina’s mother was an SA citizen or a permanent residence permit holder at the time of her birth, she is an SA citizen by law, regardless of any clerical errors or public debate. We must all respect the law, which affirms her citizenship.
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