The 1971 Lesotho Citizenship Act provides at section 11(1) that a child of Lesotho citizens can be registered as a citizen by application to the Minister, provided the child is ‘lawfully sojourning in Lesotho’ and has ‘lawfully sojourned there for a period of five years commencing on or after 4 October 1966.’ This effectively excludes children living abroad from qualifying for registration. The practical effect of this is that the second generation of Lesotho migrants will be born stateless. For example, Lebogang was born in Lesotho. As such, she is a Lesotho citizen by birth. She moves to South Africa, where she gave birth to Neo. Neo is a Lesotho citizen by descent. Neo grows up and marries a woman named Elizabeth, who was also born in South Africa to parents from Lesotho and thus is also a citizen by descent. The children of Neo and Elizabeth will not acquire Lesotho citizenship because both of their parents are citizens by descent. It should be noted that the Lesotho authorities are not strictly applying these laws in all cases. As such, one must always consult with the appropriate authorities prior to making conclusions as to a client's status. Legal Guidance: 1. Any person born in South Africa to parents who are Lesotho citizens by descent is not regarded as a Lesotho citizen and thus is entitled to citizenship under section 2(2) of the South African Citizenship Act. 2. Any person born in South Africa to a parent who is a Lesotho citizen by descent and whose other parents is unable to pass on their citizenship shall be stateless and thus is entitled to citizenship under section 2(2) of the South African Citizenship Act. 5.2 Finding a solution for clients: immigration status and citizenship date of his birth, if at that date either of his parents is a citizen of Lesotho otherwise than by descent.128 Stateless persons with no claim to South African citizenship After your status determination procedure, you will determine whether your client has any claim to citizenship in South Africa. If the answer is no, you will proceed to assess the solutions available. 128 Citizens by descent are, according to article 43(2) of the 1993 Constitution, references to a person who is a citizen of Lesotho by virtue of section 39 of the 1993 Constitution [‘A person born outside Lesotho after the coming into operation of this Constitution shall become a citizen of Lesotho at the date of his birth, if at that date either of his parents is a citizen of Lesotho otherwise than by descent.’] or of section 23(2) or 26 of the Constitution of Lesotho of 1966 or of section 6 of the Lesotho Citizenship Order 1971. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 95