2.8
Jus sanguini
This is the Latin term for ‘right of the blood,’ which describes the
granting of nationality by birth to a national (irrespective of place of
birth).11
2.9
In situ stateless persons
Stateless populations which arise in a non-migratory context may
be referred to as in situ populations. These are populations or
persons who are residing in their country of birth yet who are not
recognised as nationals of that country or any other country.
2.10 Nationality acquired by automatic modes
versus non-automatic modes
Nationality can be obtained either automatically or through
application/an act of an individual. Where a person meets the
requirements for the grant of nationality and acquires such
nationality by operation of law, or without having to take any
positive steps towards its acquisition, he or she can be said to have
acquired nationality automatically.12 Ordinarily this occurs at birth.
A common example is where a person is born in a country to a
national of that country and acquires nationality by operation of
law.13
Non-automatic modes of acquiring nationality occur where a
person meets the requirements for the grant of nationality, but is
required to undertake some positive administrative action in order
to realise such a claim.14 In this event, he or she will only acquire
nationality upon the successful completion of the relevant
application process.
The requirements that this person must fulfil in order to acquire
said nationality may be both factual and administrative. An
example is someone who is born in South Africa, to nationals of
another country, who must register his or her birth with the
authorities of the other country and make a declaration of loyalty at
age 18 in order to access the nationality of that country. The fact of
his birth to a national is insufficient for the grant of nationality.
11
12
13
14
10
Manby (n 4 above) 32.
UNHCR Definition Guidelines (n 7 above) para 19.
UNHCR Definition Guidelines (n 7 above) para 19.
UNHCR Definition Guidelines (n 7 above) para 19.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide