South Africa could gain critical guidance from the 1961 Convention on aligning our national policies and legislation so as to prevent statelessness. It should also be noted that through its provisions, this Convention would actually strengthen and protect true South Africans’ citizenship rights by strengthening due process wherever nationality may be lost or deprived. 3.2 South African Legal Framework No dedicated, local legal mechanism exists for the identification or protection of stateless persons or persons at risk of statelessness in South Africa. However, there is a patchwork of legislation which covers some of the protection needs of such people and which allows access to South African citizenship. These include provisions allowing for: access to nationality in cases of doubt; appeal of citizenship decisions in High Court; Ministerial discretion for the grant of permanent residence in circumstances where an applicant can show ‘special circumstances’; procedures for the late registration of births; and judicial review of administrative decisions impacting enabling documents and nationality. The exact provisions which legal practitioners can use will be dealt with in greater detail under the following sections that identify the legal assistance appropriate for each category of client. The following section serves only as a brief overview of the law applicable in this area of practice, the basic manner in which the Act is applicable and the amendments of which one must be aware. Specific provisions are highlighted only where these are of particular importance in relation to stateless persons in South Africa. 3.2.1 South African Constitution The Bill of Rights, at Chapter 2 of the 1996 South African Final Constitution (the Constitution) establishes the rights and privileges that constitute fundamental human rights in South Africa. A number of provisions of the Bill of Rights apply to both citizens and non-citizens equally, protecting all individuals' innate humanity regardless of their nationality or status in the country. These provisions, in turn, protect stateless persons present in South Africa. The South African Constitution states in section 28(a): ‘Every child has the right to a name and a nationality from birth’23 (emphasis added). This right exists for citizens and non-citizens alike. It is noteworthy that the Constitution protects the right to 23 20 Section 28(1)(a) of the Final Constitution of South Africa (1996). Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide