“I was born in Lesotho but I am South African. That is the only thing I
want in my life.
I feel like I’m a mess. There is nothing I can do. I have spent many
years sitting at home and doing nothing. When I wanted to write my
matric it was a mess – I didn’t have an ID. When you go to even
computer lessons they still want a document and I felt bad.
There is a lot I want to achieve but I can’t because I don’t have an ID.
In years to come, Neo must go to school but they will want his birth
certificate and he doesn’t have one.”
Case study
Case study
Elizabeth Nthunya was born in Lesotho in 1982. Her mother was a
Lesotho citizen, while her father was South African. When she was
three years old, she came to stay with her paternal grandmother in
South Africa. Over the years, she struggled to register as South
African because she does not have a birth record from Lesotho,
which is required in terms of the Births and Deaths Registration Act.
Lesotho has very low rates of birth registration. Home Affairs told
her to go back to Lesotho and find her mother. Eventually, she
returned to Lesotho for her mother’s funeral. She discovered that
the clinic where she was born does not have records prior to 1985.
She returned to South Africa but Home Affairs still refuses to assist
her. Her father and grandmother have since passed away, but she
has five South African aunts and uncles willing to testify to her
identity. Elizabeth eventually managed to get a birth certificate
issued from Lesotho. The South African Home Affairs Department,
however, refused to accept the certificate, because it was not issued
at the time of her birth. This reveals another barrier to foreign birth
registration. South African citizens who obtain birth certificates
through late registration of birth in their country of origin will not
be considered for birth registration in South Africa.
Elizabeth has a son born in South Africa to a South African father,
but Home Affairs will not allow them to register the child’s birth
because Elizabeth does not have an ID. Thus her son is also unable
to access his South African citizenship, even though his father has a
valid South African ID document.
Elizabeth’s case illustrates the generational impact that lack of
documentation has on the right to nationality. Such strict
requirements – for a foreign birth certificate and for the mother’s ID
document – result in complete block to citizenship for Elizabeth and
her son, with consequences on their economic mobility, right to
work and education, and their physical and emotional health.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
69
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