The law is clear on why children born in South Africa to foreign parents are not automatically awarded citizenship.
This issue has been in the news due to a wave of mass action against undocumented immigrants, which has seen some families choose voluntarily repatriation. There are children who have never known their parents’ countries of origin facing an uncertain future.
Legislation effected by the department of home affairs on determining and recording identity and status of people flows from the Constitution, the Citizenship Act and its Amendment Act. These state that citizenship is obtained by birth, descent or naturalisation.
The basic principle of South African citizenship is that a child follows the citizenship or nationality of his or her parents.
If one parent is a South African citizen, the child will be a citizen by birth. A foreign child adopted by South African citizens becomes a citizen by descent, while a naturalised citizen is one who has complied with the requirements for naturalisation. Children born of permanent residents follow their parents’ status.
All children born in South Africa are meant to be registered at birth. This “record notice of birth” of the child should be taken to the parents’ countries of origin for registration and issuance of a passport, after which the child will be issued with a derivative permanent residence permit status, on application, if the parents opt to remain in South Africa.
The challenge involves children whose parents are in the country without proper documentation. Because they do not regularise their stay, the children effectively become stateless.
The issuing of birth certificates is “handled with utmost care as it serves to confirm nationality”, home affairs’ David Hlabane has said previously. Parents who did not ensure this vital paperwork are disadvantaging their children, he said.
“Governments implement rights in accordance with their national laws and international obligations. This depends on the context and country. South Africa is no exception. In terms of our history, we know what it means to be a non-citizen in your country. We wish that to nobody.”
TimesLIVE
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