3. submit application for naturalisation with documentary evidence: • • • • 4. permanent residence certificate and verification; police clearance; proof of language proficiency and language test form; and attend induction and naturalisation ceremony – must sign Declaration of Allegiance; or alternatively, compile all relevant documents and refer the case to a lawyer. 3.2.7. SOUTH AFRICAN CITIZENSHIP: CERTIFICATE OF CITIZENSHIP IN CASE OF DOUBT Section 15 of SACA allows a child who may have a claim to South African citizenship but has no documentary evidence or very little documentary evidence to support the claim to request the Minister to issue a certificate of South African citizenship in case of doubt. This section of SACA is for children (or individuals) who can claim South African citizenship but have no documentary evidence or very little documentary evidence (e.g., birth certificate or Identity Document) to support the claim. It can be used in cases of abandoned or orphaned children; or foundlings whose origins and parentage is often unknown. Upon receiving the request, the Minister may issue a certificate of citizenship in case of doubt - that describes the person to whom it relates to as a South African citizen by birth, by descent or by naturalisation. 3. relevant documentary evidence; or alternatively, compile all the available documents and refer the case to a lawyer. Case Law: LZ Mathobela v Minister of Home Affairs (Case No: 98386/18) NGHC 12 June 2019: Love was born in 1992 in South Africa to migrant parents. She knew little of her parent’s documentation status save for the fact that they travelled from Zimbabwe. Her mother passed away shortly after they arrived in South Africa after Love’s birth. Her father was a truck driver who travelled back and forth within Southern Africa. He eventually relocated Love to Botswana to continue schooling. Love was then told of her father’s passing whilst in Botswana. She travelled to South Africa, where he was buried in Soweto. Love attempted obtaining proof of birth and was informed she required two witnesses to her birth but, she only had one. The DHA told her to bring her mother’s ID document which, she did not have. This made registering her birth a difficulty, and as a result, she remained unregistered in both Zimbabwe and South Africa - making her stateless. In 2013, Scalabrini Centre of Cape Town sought the assistance of LHR to litigate Love’s matter in court following a lack of response from the DHA. LHR had submitted an application for citizenship by naturalisation (in terms of Sec 4(3) of SACA) and, alternatively, an application for citizenship in case of doubt (in terms of Sec 15 of SACA) because there was doubt as to whether or not she was a citizen, and she lacked sufficient documentary evidence. Requirements: 1. 2. claim to South African citizenship; or no documentary evidence or very little documentary evidence to support the claim. Process: 1. 2. send a letter to the Minister of Home Affairs, requesting that a citizenship certificate in case of doubt be issued for the child in question; set out the child’s claim to South African citizenship and efforts made to secure the www.lhr.org.za www.savethechildren.org.za | 25