Citizenship in cases of doubt Given the low levels of documentation in the former black states and the complexity of the various citizenship laws over the years, legal practitioners can be relieved to learn that the current citizenship law allows for recognition of citizenship ‘in cases of doubt.’ According to section 15 of the Citizenship Act, the Minister may in such cases, subject to his or her discretion, ‘issue to any person in respect of whose South African citizenship there is any doubt, a certificate that he or she is a South African citizen’.48 A certificate issued under this section is intended as conclusive evidence that the person to whom it relates was a South African citizen by birth, descent or naturalisation, as the case may be, at the date of the issue of the certificate, but shall not be deemed to imply any admission that the person to whom it has been issued was not a South African citizen previously. This discretionary tool provides a possibility for persons unable to prove their claim to citizenship through the ordinary channels to achieve effective recognition and access to their nationality. There is no accompanying regulation to this provision and thus it is unclear what documents the applicant must submit or what burden of proof the applicant must comply with in order to be successful. There is no form or application procedure outlined in the regulations. Lawyers for Human Rights has submitted letters to the Minister on behalf of clients seeking protection under this provision. We have not yet, to date, received a decision on any of the applications submitted under this provision. See section 5.1.6 below for recommendations on to draft such an application. The Citizenship Act of 1995 has undergone the following amendments: • • • 48 28 South African Citizenship Amendment Act, No. 69 of 1997 South African Citizenship Amendment Act, No. 17 of 2004 South African Citizenship Amendment Act, No. 17 of 2010 (changes affected sections 2, 3, 4, 5, 6, 8, 10, 11 and 13 of the Act as it currently stands) Section 15(1) of the South African Citizenship Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide