In addition, South Africans can lose their citizenship
automatically under section 6(1) of the Citizenship Act if, after
turning 18, they voluntarily acquire the citizenship of another
country other than by marriage. Such loss can be prevented by
applying to the Minister to retain South African citizenship.
Section 7(1) of the Citizenship Act allows a citizen to renounce
South African citizenship before securing citizenship elsewhere.
Typically, this can occur if a South African is applying to naturalise
in a country that does not permit dual nationality – the applicant
must renounce South African citizenship but risks becoming
stateless if the naturalisation application is rejected or if the person
later loses their naturalised status. On its face, the Act does not
provide a safeguard to prevent statelessness in this situation.
If a client faces any of the above problems, you can assist the
client in applying to resume South African citizenship as per section
13 of the Citizenship Act. Given that resumption applications are
discretionary, you can also assist a client in contesting any negative
decision in court.
5.1.5 People born in South Africa to permanent residents
The revised Citizenship Act states that children born in South Africa
to permanent resident parent(s) shall be citizens by birth provided
that they reside in South Africa until age of majority and provided
that their birth was registered. This is a change from the previous
law, which allowed such children to be registered as citizens
immediately after birth.117
This amendment creates a gap in the law that places children at
risk of becoming stateless. Should they leave South Africa for any
period, it is unclear whether they would qualify for citizenship.
While the draft regulations to the South African Citizenship
Amendment Act of 2010 provided for exceptions for temporary
absence from the country, the final regulations as enacted are silent
on this point.
Finding a solution for clients: immigration status and citizenship
Republic does not support, and (3) has no safeguard to prevent
deprivation that would result in statelessness.
Although children of permanent residents should be able to
access permanent residence status while they await their chance to
get citizenship at age 18, such children will be stateless until they
reach age 18 if they do not hold their parents’ nationality.
Regulation 8(2)(a) to the South African Passports and Travel
Documents Act allows stateless permanent residents to obtain
travel documents, but this provision is not known by local offices.
117 See section 2(2) of the Citizenship Act prior to the 2010 Amendment Act.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
81
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