As demonstrated in Figure C (Page 19), there are three ways to acquire South African citizenship: by birth, by descent or by naturalisation. 3.2.1. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY BIRTH (A) Section 2(1)(b) of SACA provides that a child born in or outside South Africa to at least one South African citizen parent is a South African citizen by birth. The acquisition of citizenship under this section is automatic (meaning that it does not require an application). The section does not mention birth registration however, birth registration is necessary to ensure that the child’s details are recorded in the National Population Remember, if the child is a South African citizen, they get issued a birth certificate with an ID number and their details are entered into the National Population Register (See Sec 5(2) BDRA). The birth certificate will allow the child to apply for other official enabling documents such as an ID or passport as they age. Requirements: 1. 2. 3. born in or outside South Africa; one or both parents are South African citizens at the time of birth; or birth registration and birth certificate. Strategy: 1. 2. 3. conduct birth registration process at DHA if necessary (note relevant processes for late registration of birth or foreign birth registration); submit an application for ID at DHA if the child is 16 years old and above; and if the parents are unmarried and one parent is a non-citizen, it may be necessary to conduct a DNA test with the South African citizen parent to prove a biological link. born to a South African citizen parent outside of South Africa are automatically South African citizens by birth under Sec 2(1)(b) of SACA. The case concerned five (5) people who were born outside of South Africa during Apartheid and while their parents were in exile. The judgment looks at the importance of citizenship in South Africa, given its colonial and Apartheid past. It also looks at the meaning of citizenship beyond legal terms and its importance to a person’s dignity.The Constitutional Court stated that citizenship is not merely a matter of legal status, “it goes to the core of a person’s identity and their sense of belonging in a community.” Breytenbach NO v Minister of Home Affairs (2016) ZAGPPHC 470 – confirms that a child born to at least one South African parent is entitled to citizenship in terms of Sec 2(1)(b) SACA. Further confirms that birth registration is not a prerequisite for citizenship but one cannot practically access their citizenship without completing the birth registration process and obtaining a birth certificate. This was an application launched by a curator ad litem (Ms Breytenbach) on behalf of a minor child (Nicolas Lwazi Msomi) for Nicolas to be declared a South African citizen in terms of Sec 2(1)(b) of SACA. Nicolas’ mother was a Zambian citizen and his father was a South African citizen. Nicolas was issued a birth certificate which was later cancelled in 2010 because the mother had failed to prove Nicolas was born in South Africa and DHA had no proof of registration (DHA had nonetheless issued him an abridged birth certificate in 2006 and 2008, and an unabridged birth certificate in 2008). Nicolas’ father was absent in Nicolas’ life but his details appeared on the birth certificate and on a maintenance order. After the birth certificate was cancelled, Nicolas managed to obtain a proof of birth form from Tembisa Hospital to prove that he was indeed born in South Africa.The court declared that Nicolas is a South African citizen in terms of Sec 2(1)(b) and ordered DHA to issue him a birth certificate and compelled his father to assist with the birth registration process by providing his identity documents. Case law: Chisuse v Minister of Home Affairs (2020) ZACC 20 – confirms that children born to a South African citizen(s) outside South Africa are South African citizens: The Constitutional Court confirmed that children 20 | 3.2.2. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY BIRTH (B) Section 2(2) of SACA provides that a child born in South Africa with no other citizenship or right to claim citizenship in any other