Nowhere in the law does the late registration of birth procedure preclude itself to South African citizens born on the territory. The only relevant qualifying factor is that the applicant have a South African citizen parent. The fact that citizenship is the basis for all other fundamental rights means that the Births and Deaths Registration Act should be read with flexibility to allow citizens born abroad to access citizenship even if they are unable to obtain a foreign birth certificate. This flexibility or discretion has been eliminated entirely by the 2010 amendments to the BDRA and regulations, in terms of which certain prescribed requirements must be met failing which the application will be rejected. If the client is refused access to birth registration, write a letter to the local Home Affairs office, copying the Deputy Director General for Civic Services, requesting: (1) the decision in writing, (2) written reasons for the decision and (3) an internal appeal of this decision. The refusal to register the client's birth and hence citizenship can be reviewed in court under the Promotion of Administrative Justice Act and potentially section 25 of the Citizenship Act. An application to compel the registration of the client's birth or recognition of citizenship can also be brought. Another possibility you may want to consider prior to litigation is section 15 of the Citizenship Act, which allows the Minister to issue a citizenship certificate in cases of ‘doubt.’ An application under section 15 has no prescribed form or content. There is no regulation to this section to the Citizenship Act. It is also unclear how long it may take to obtain a decision. Section 15 applications can consist of a letter to the Minister requesting a citizenship certificate in case of doubt, explaining why the client could not qualify for foreign birth registration and attaching all documentary proof of the client's citizenship and personal history. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide Finding a solution for clients: immigration status and citizenship The Department of Home Affairs does not generally allow citizens born abroad to register their birth 'late' with the same flexibility as those born in the Republic. However, as an attorney you should advocate for your client to be able to make an application for late registration of birth procedure as outlined in regulation 3, 4 and 5 to the Births and Deaths Registration Act. 65