produce to Home Affairs a maternity certificate or clinic card from
the time of birth. Children of foreign parents struggle in this regard
even more than children of citizens, for whom Home Affairs will
consider affidavits from parents and others in the registration
process in lieu of a maternity certificate.
If a client was born at home or outside of a hospital or registered
clinic, the client or her parent will likely only approach you after
case has become a ‘'late registration of birth.’ In these cases, the
LRB process outlined above in section 5.1.3 should be followed.
The 2010 amendments have entered a new requirement to the
registrations of children who have foreign parents. The parents
must produce a valid passport, visa or permit as the case may be
otherwise the birth may not be registered.116 The foreign father
must also undergo a paternity test at his own cost in order for his
particulars to be added to the birth certificate.
Every person born on the territory is entitled to birth registration,
which protects each person's fundamental right to a nationality –
whether South African or otherwise. The birth certificate is the key
to proving their citizenship claims so as an attorney or social
worker, always come back to the Constitution and international
customary law when trying to advocate on behalf of clients.
5.1.4 People who lost or renounced South African citizenship
Lack of safeguards in loss of citizenship
At present, the Citizenship Act allows the Minister to deprive a child
of his or her citizenship in the case of a parent having lost his/hers
(in accordance with the provisions of sections 6 or 8 of the Act). If
the other parent does not retain citizenship, the child may become
stateless. There is no safeguard against statelessness (i.e. ‘unless the
child would be rendered stateless’). Ideally, as provided in the 1961
Convention, such deprivation should only be permitted if the child
would not become stateless as a result.
An amendment to Section 6 the Act recently provided new
grounds for loss of citizenship at 6(3):
Any person who obtained South African citizenship by naturalisation …
shall cease to be a South African citizen if he or she engages, under the
flag of another country, in a war that the Republic does not support.
This provision is troublesome, considering that (1) it applies
seemingly automatically and yet (2) provides little detail on how it
would be determined that a particular war is one which the
116 Regulation 8 to the Births and Deaths Registration Act.
80
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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