Realising the Child’s Right to a Nationality in South Africa statuses practically impossible.16 Recognising the need for black migrant labour, the Union of South Africa (‘Union’) concluded labour agreements with neighbouring countries such as Mozambique,17 which allowed for the provision of labour but did not provide legal immigration status for labourers.18 The foundation for generations of black migrant labourers and their families lacking proof of legal residence was laid by the impossibility of legally assimilating into South African society for over 80 years, coupled with the massive labour migration actively sought by the Government. The difficulty that black children face today in proving their ancestors’ legal residence in South Africa for the purpose of citizenship is a direct result of this racist colonial policy.19 It was during this same period that South Africa adopted the Union Nationality and Flags Act No 40 of 1927 (‘1927 Act’), the first nationality law in a semiindependent South Africa.20 It granted Union nationality to persons born and residing in the Union who were not aliens or prohibited immigrants under any law relating to immigration.21 As such, black migrants were excluded from citizenship from the very inception of citizenship laws in South Africa. Despite the fact that black migration far predates white migration into South Africa, nationality and immigration laws were designed intentionally to exclude black people from the South African national identity and to facilitate the smooth integration of white people.22 The process of what Sally Peberdy calls ‘selecting immigrants’ during colonisation and up until democracy has left a lasting effect on modern policies and laws.23 The 1927 Act was largely the basis for the South African Citizenship Act No 44 of 1949, which remained in place until 1995, when it was repealed and replaced by the South African Citizenship Act No 88 of 1995 (‘1995 Act’). The 1995 Act was different from its predecessor in some ways but the bases for citizenship remained in line with the previous Acts, extending historical and racial exclusion into the new South Africa. One major development in the 1995 Act is worth noting as it broke significantly from the past. This was the additional ground for citizenship acquisition provided for children born stateless in the territory.24 Sadly, there is no record of this section actually being implemented. The 1995 Act was only meaningfully amended in line with international standards in 2010 when the grounds for citizenship were simplified and more bases for citizenship of those born in irregular migration situations were added.25 Those excluded from legal immigration status during colonisation were thus consistently excluded from citizenship (which follows only from legal immigration status) until 2013, when the South African Citizenship Amendment Act No 17 of 2010 took effect. Even 16 17 18 19 20 21 22 23 24 25 ibid 13; Immigration Act No 22 of 1913 (Union of South Africa). Mozambique was a Portuguese province at the time. Peberdy (n 7) 14. ibid 13. Union Nationality and Flags Act No 40 of 1927 (Union of South Africa). Clive Parry, Nationality and Citizenship Laws of the Commonwealth and of the Republic of Ireland (Stevens & Sons 1957) vol 1, 684, 684. Peberdy (n 7) 11. See also Basil Davidson, Africa in History (Orion 1991) 6. Peberdy (n 7) 14. South African Citizenship Act No 88 of 1995, s 2(4)(b)(i) (Republic of South Africa) (‘Citizenship Act’). Keightley (n 11) 428. Raylene Keightley, commenting on legislation in 1998, noted that South African laws raise more questions than answers about the acquisition of citizenship. 259