Realising the Child’s Right to a Nationality in South Africa two potential ways of being stateless under the definition: through exclusion by the law or by the opinion of the state. Ultimately, the state’s position on whether a person is a citizen is the determining factor, regardless of whether or not the law allows it. Again, the application of the law is equally, if not more, important than the law itself. VI CONCLUSION Amidst a complicated, racist past and an uncertain, xenophobic present, South Africa’s children continue to pay for the sins of adults by suffering a lack of citizenship in violation of their fundamental human rights. The courts have played a significant role in ameliorating the effects of this past and present by providing interpretive clarity on citizenship matters and situating citizenship within a narrative conducive to inclusive nationality practices. The legislature still carries the duty to formally include foundlings and unaccompanied or separated stateless migrant children in South Africa in its legislation by providing a stopgap in the law if childhood statelessness is to be eradicated. As can be seen throughout the aforementioned cases, there is an urgent need for a more just administrative system which ensures due process, such as through the provision of reasons and appeal procedures and recourse to an independent monitoring body. Without due process, none of the laws can reach their legislative goals. Within the South African context, the procedures governing citizenship are as important as the letter of the law when it comes to access to citizenship rights for children and must therefore be urgently addressed. These measures must include child-friendly procedures which allow children to access the process in a way that considers their particular needs. South Africa has a long way to go to resolve these flaws. However, it is not unsolvable but merely a matter of political will. The unfortunate reality is that despite the dawn of our constitutional dispensation, subsequent legislative reforms and jurisprudential developments, the spectre of our xenophobic past still looms large in the decision-making process. The only cure is to continually hold errant decision-makers accountable. Hopefully, by so doing, a rights-based culture in nationality matters will eventually be instilled. Preferably, the Government of South Africa will adopt an innovative rights-based approach to citizenship matters for children that takes into account the nuances of history. This will speed up the process and ensure that every child in South Africa has a name and a nationality from birth. 279