•
if DHA refuses to assist with
confirmation of the child’s citizenship
status, the Children’s Court can order
the DHA to do so.
2.
have a birth certificate, then it is necessary to
begin with birth registration. In this case, Mali
already has a birth certificate;
citizenship status: Mali can claim South
African citizenship because she was born
in South Africa, her parents were asylum
seekers, and she is now 18 years old. Mali
needs to submit an application to the DHA
with the following supporting documents:
•
•
•
•
CASE STUDY 3: Mali is 18 years old, and she has
a birth certificate that shows that she was born in
a hospital in Durban. Her mother and father were
asylum seekers from Ethiopia, but they died two
years ago in a car accident. Mali provides you with
her birth certificate and an asylum seeker permit
number that belonged to her father. She has no
documents belonging to her mother. When her
parents passed away, Mali was being taken care
of by an uncle. Mali has never been to Ethiopia and
has never left South Africa. She has attended South
Africans schools and speaks isiZulu. Mali considers
herself South African.
Applicable law:
1.
2.
3.
Constitution: Section 28 of the Constitution
confirms that every child born in South Africa
has the right to birth registration;
BDRA: Section 9 of the BDRA confirms
that one or both parents of the child can
give notice of birth and conduct the birth
registration of the child (Reg 7 and 8 make
provision for the birth registration of a child
born to refugees, asylum seekers and noncitizens); and
SACA: Section 4(3) 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.
Solution:
1.
38 |
Conduct birth registration: remember Sec
4(3) of SACA requires that the child’s birth
MUST be registered first. If it is clear that the
child was born in South Africa, but does not
3.
affidavit or statement of facts;
birth certificate;
parents’ documentation (if available);
and
proof of living in South Africa from
date of birth to the date of turning 18
years old - can include but not limited
to; school records (e.g., CEMIS report
from the provincial Department of
Education, or a letter from the school
principal
confirming
attendance
from Grade X – Grade Y), baptismal
certificate, testimonials from teachers/
community leaders/relatives, school
reports and attendance registers; and
Children’s Court processes: because Mali is
now 18 years old, she no longer falls under
the jurisdiction of the Children’s Court or
the Children’s Act. If Mali needs to take her
matter to court, she can still approach the
High Court with the assistance of a lawyer.
CASE STUDY 4: Caleb fled DRC following a
raid in his home in which his mother was killed
by a rebel group who had been raiding their area.
Caleb has never known his father. He is, however,
aware that he has an aunt in Johannesburg who
is a refugee. Caleb and two of his siblings are
assisted (financially) by a neighbour to travel to
South Africa to go and live with the aunt. They
arrive in South Africa by truck and without any