Citizenship How to determine South African citizenship? In addition to having a birth certificate, a child should also have a document proving their citizenship. These include: South African citizenship is determined by the South African Citizenship Act. The Citizenship Act provides 4 ways for children to get South African citizenship. - A South African citizen computerised birth certificate with an ID number; and A South African citizen ID card, from age 16; or A passport if the child is not a South African citizen (a refugee / asylum seeker child may or may not have a passport). A child can be a South African citizen if: A South African child is also entitled to a passport, but it is not necessary unless they want to travel to another country. To decide which document to apply for, the child’s citizenship must be determined. SA citizen OR SA citizen South African Citizenship Act (88 of 1995). OR Citizen of other country Registration through country’s embassy. ONE TWO THREE FOUR Their parent is a South African citizen (section 2(1)). They were born in South Africa, and they are stateless (section 2(2)). They were adopted by a South African citizen (section 3). They applied for and was granted a certificate of naturalisation (section 5). Citizen of other country Stateless A stateless person is someone who is not recognised as a citizen by any country in the world. It is the opposite of having citizenship. The next section will tell you how to determine if a child is a South African citizen. When a child turns 18, there are 2 additional options for getting citizenship. A child can apply for South African citizenship at age 18 if: - - A child was born in South Africa, and their parent had a permanent residence permit on the day of the birth, and the child lived in South Africa from birth until their 18th birthday (section 2(3)). A child was born in South Africa, and their parent was not a citizen, nor did they have a permanent residence permit, and the child lived in South Africa from birth until their 18th birthday (section 4(3)). Section 20 of the Constitution says: No citizen may be deprived of citizenship. If a child qualifies for citizenship in terms of the Citizenship Act, but is denied citizenship documentation by the Department of Home Affairs, it can be interpreted as a decision not to recognise the child as a citizen, or even a deprivation of the child’s citizenship. Denying a child their citizenship document is a violation of their right not to be deprived of citizenship, and can be reviewed by a court. 14 HOW TO GET DOCUMENTED HOW TO GET DOCUMENTED 15