Such children may struggle to obtain travel documents and thus their right to freedom of movement is at risk, along with the right to family unity that can be implicated due to inability to travel to meet relatives in the parents’ country of origin. This legal amendment also prolongs the period of time during which children are reliant on their parents for immigration and nationality status. There is an 18 year period during which time parents can pass away, documents can be lost and other factors can intervene to frustrate a child’s ability to access nationality when he or she becomes a major. This legal amendment may also be unconstitutional. Section 28(a) of the Constitution of the Republic of South Africa provides that ‘Every child has the right to a name and nationality from birth.’ The amendment does, however, give children the right to choose their nationality when they become adults. This is beneficial for children born to parents from countries that prohibit dual nationality. Such children will not be foreclosed from choosing to take their parents’ nationality due to having acquired South African citizenship by operation of law. That being said, countries such as Malawi and Zambia allow dual nationality until age of majority, at which time a person must choose which nationality they will keep before turning 22 years old. The risk is that people unaware of these citizenship requirements will lose their chance to acquire their parents’ nationality due to failure to comply with administrative requirements, which often include renouncing other nationality claims (even though they often do not have any other nationality claims, making renunciation impossible). To assist children of permanent residence who cannot access their parents' nationality, contact the foreign missions of the countries in question to confirm their citizenship status and see if there is any way they can acquire citizenship. If this fails, consider filing an application for citizenship for stateless persons born in South Africa under section 2(2) of the Citizenship Act. Section 15 of Citizenship Act allows the Minister to issue citizenship certificates in a case of doubt in the event that the client has trouble proving his or her claim to citizenship via birth to a permanent resident parent. See the following section for more information on this provision. Judicial review of a decision not to register a client as a citizen can be brought under the Promotion of Administrative Justice Act, rule 53 of Uniform Rules of Court and potentially section 25 of Citizenship Act (allows High Court to review any decision of the Minister regarding citizenship). An application to compel registration of client is another litigation option. 82 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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