Chidimma Adetshina retains SA ID until and if fraud is proven followed by extensive legal process to revoke it

Miss SA contestant Chidimma Adetshina remains a South African citizen until home affairs can conclusively complete its investigation into her mother's citizenship status and even if any fraud is proven, revoking her identity number would require an extensive legal process.

This is according to immigration lawyer Ashraf Essop.

Debate has been raging about Adetshina's nationality as she was born in Soweto to a Nigerian father and a mother of Mozambican descent. The home affairs department announced on Wednesday their probe into her citizenship found prima facie evidence [on the face of it] that her mother could have possibly committed identity fraud in 2001.

Essop explained that since Adetshina was a registered South African citizen she remains a citizen until home affairs concludes its investigation and follows due process to act on her citizenship.

He said according to the SA Citizenship Act, a person is granted citizenship if one of their parents is a registered South African citizen.

If both parents hold citizenship of another country, the child would then hold the same citizenship, despite being born in South Africa. This would mean she is either Nigerian or Mozambican.

However, by the prescripts of the law, home affairs should conclude its investigations and follow procedures in line with the Promotion of Administrative Justice Act to allow Adetshina’s mother to make representations to contest its findings, Essop said.

“You can’t, just by signature, remove citizenship, even if there is a suspicion [of identity fraud]. You have to be clear on how you can do it and it can’t be done alone. We don’t tolerate such an action without proper channels being followed.” 

In addition, the constitution prohibits statelessness and states each child is entitled to an identity or name and citizenship upon birth. 

“She is a citizen and remains a citizen. You are what you are until it is overruled. No person can 'sign you off'. If they deprive her of citizenship now, without due process, she should rush off to court to interdict it,” he told TimesLIVE.

Home affairs department spokesperson Siya Qoza said the department was engaging all stakeholders, including Adetshina’s mother. “Throughout this process, home affairs is guided by our commitment to restoring and upholding the rule of law as well as the rights of all parties,” Qoza said.

Meanwhile, the Patriotic Alliance is taking legal action against the Miss SA organisation to have Adetshina removed from the event, which is set to take place this weekend.

Its leader Gayton McKenzie had pushed for home affairs minister Leon Schreiber to probe the contestant’s nationality, stating no foreigner should represent the country.

TimesLIVE