3. adoptive parents and application to record the adoption in the birth register) Sec 245; and submit an application for ID at DHA if a child is 16 years old and above. See Section on “Identity Documents in South Africa” (Page 16,18 and 19). 3.2.5. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY NATURALISATION (A) Section 4(3) of SACA provides that a child born in South Africa to parents with no citizenship or permanent residence status qualifies to apply for South African citizenship by naturalization at 18 years old. This section allows children who are born in South Africa to parents with no South African citizenship or permanent residency (e.g., refugees, asylum seekers or other categories of migrants) to apply for South African citizenship by naturalisation at 18 years old. However, it is hard to implement this provision in practice because DHA has not drafted regulations that can guide applicants and administrators on the application process to be followed (including the provision of application forms if needed). Requirements: 1. 2. 3. 4. born in South Africa; parents are not South African citizens nor permanent residents in South Africa at the time of the child’s birth; birth registration and birth certificate; or the child has lived in South Africa from date of birth to the date of turning 18 years old. Process: 1. 2. • conduct birth registration process at DHA (note the relevant process for children of refugees, asylum seekers and non-citizens in general); submit application for citizenship by naturalisation in terms of Section 4(3) SACA to DHA in the form of an affidavit or a statement of facts demonstrating that the child meets the four requirements and accompanied by the relevant and available documentary evidence, such as: birth certificate (other birth records could also be useful e.g., clinic card/road to health chart/ www.lhr.org.za • • proof of birth form/baptismal certificate) parents’ identity documentation (if available) proof of living in South Africa from date of birth to date of turning 18 years old can include but not limited to; i. school records (e.g., CEMIS report from the provincial Department of Education, a letter from the school principal confirming attendance from Grade X – Grade Y, school reports or attendance registers) ii. testimonials or supporting affidavits from teachers/community members/relatives (Note: an administrative fee is charged at the DHA office upon submission of the application). 3. alternatively, compile all relevant documents and refer the case to a lawyer. Case law: There are two main court judgments that have dealt with the interpretation of this provision. Minister of Home Affairs v Mariam Ali (2018) ZASCA 169 SCA – confirms that children born prior to and after 2013 who meet the four requirements of Section 4(3) qualify for citizenship by naturalisation. DHA ordered to draft regulations for the implementation of Section 4(3) and to accept applications on affidavit until the regulations are published: The case concerns the right to obtain citizenship by naturalisation of five (5) children who were born in South Africa, whose parents are not South African citizens and were not permanent residents at the time of their respective children’s births. The DHA had refused to receive and grant the applications for citizenship by naturalisation because: 1. 2. the children were born between 1996 and 1998 and DHA claimed that this provision only applied to children born from 2013 (this is because the SACA was amended in 2010, and the amendments which included this new section became effective in 2013); and because of the above interpretation - DHA had not drafted regulations setting out the administrative process to be followed for such applications (e.g., a designated form to be filled by applicants and a list of supporting documents). www.savethechildren.org.za | 23