“I hope to get citizenship and to go back to school, to become
engaged in the community activities. I bring worry to my family
because they think of my well-being and vulnerability to arrest. They
may expect me to get educated and assist but I cannot do this. I hope
to eventually assist and provide for my family.
I fear arrest because I am undocumented.
I am not free ...”
Case study
Case study
Y.V.C. (‘Victor’)109 was born in Malawi in 1989 to a South African
mother and Malawian father. While he was still a child, both his
parents passed away. Victor was then raised by an informal ‘uncle’
who told him of his South African roots. After his uncle died, Victor
came to South Africa in search of his remaining family. Remarkably,
he was able to trace his grandmother. However, he was told at
Home Affairs that he could not register as South African without a
birth certificate from Malawi, which he did not have. Malawi only
recently enacted legislation to make birth registration compulsory
under the law.
Having travelled to South Africa without a passport, Victor was
arrested and detained for the purposes of deportation on the charge
of being an illegal foreigner. LHR intervened and was able to assist
Victor in proving his maternal connection with his South African
grandmother using a blood test. LHR hopes to assist Victor in
accessing late birth registration in South Africa.
109 Name changed to protect identity.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
67
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