citizens and which rights can be used to protect clients depending on their situation. 3.2.2 South African Citizenship Act 88 of 1995 The South African Citizenship Act 88 of 1995 (the Citizenship Act or the South African Citizenship Act), governs the acquisition and loss of South African citizenship. South African citizenship by birth is accessible through this Act to persons born on the territory to a citizen25 or to permanent residents;26 persons born abroad to a South African citizen; 27 and people born on the territory without access to any other nationality.28 Citizenship by descent is given to children adopted by South African citizens29 (who, presumably, did not have South African citizenship status at the time of adoption). The Act also allows for naturalisation30 for persons who have lived and/or worked in the territory for a certain period of time, for example as spouses of citizens and as permanent residents. It is interesting to note that certain citizens must first register their birth ‘in accordance with the Births and Deaths Registration Act’ 51 of 1992 (the Births and Deaths Registration Act) in order to access citizenship – namely: (1) those born on the territory who are stateless,31 (2) those born on the territory, to parents admitted for permanent residence, who live in the Republic until age 18,32 (3) those adopted by a South African citizen,33 and (4) those born on the territory to parents not admitted to the Republic for permanent residence who live in the Republic until age 18.34 A person born in or outside South Africa to a South African parent now does not need to register his or her birth in order for citizenship to be granted by operation of law. Previously, birth 25 26 27 28 29 30 31 32 33 34 22 Section 2(1)(b) of the South African Citizenship Act 88 of 1995 (the Citizenship Act). Note that in 2010 amendments to the Citizenship Act, a child of permanent resident must wait until age 18 to access South African citizenship, provided he or she can show that he or she resided in South Africa from birth until majority. Section 2(1)(b) of the Citizenship Act. Note that in 2010 amendments to the Citizenship Act, persons born outside South Africa to citizens are now citizens by birth, whereas under previous law such persons were citizens by descent. Section 2(2) of the Citizenship Act. Section 3 of the Citizenship Act. See Section 5 of the Citizenship Act generally. Section 2(2) of the Citizenship Act. Section 2(3) of the Citizenship Act. Section 3 of the Citizenship Act Section 4(3) of the Citizenship Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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