There is no accompanying regulation to this section of the Citizenship Act. Thus, the above legislation must be viewed and interpreted in light of the definition of 'stateless' in international law and practice. ‘Does not have citizenship or nationality of another country’ Section 2(2) makes a distinction between (1) a child who ‘does not have citizenship or nationality of another country’ and (2) a child who ‘does not have the right to such citizenship or nationality.’ Thus two different meanings must be intended. The phrase ‘does not have the citizenship or nationality of any country’ applies to several groups. First, this provision refers to those who may qualify for citizenship or nationality under the law of another country, but who are simply not recognised by the state in question due to discrimination, inability to prove their nationality or other reasons. They may have the right to such citizenship, but nonetheless cannot access it. Second, this provision includes those who have a potential claim to or right to claim a foreign nationality, but must first submit an application that must be approved before they are recognised as nationals. UNHCR’s Concept of Stateless Persons under International Law provides the guidance that: ... whether or not he is a national of a State under the operation of its law requires an assessment of the viewpoint of that State.” Those “who appear to be eligible for citizenship, but who must lodge an application are generally not considered to be nationals ‘by operation of law,’ as the acquisition of nationality it not automatic but rather, discretionary.”120 Until such an application is submitted and approved, such persons “do not have” another citizenship or nationality, regardless of whether they could qualify or have the right to make such an application. Finding a solution for clients: immigration status and citizenship Interpretation and application of section 2(2) The inclusion of this phrase protects children's right to citizenship from birth. Children need not wait for a discretionary application to be processed or an administrative requirement to be fulfilled at some future date because section 2(2) provides them with the right to South African citizenship provided they were born on the territory and do not have citizenship or nationality elsewhere. 120 UNHCR, The 1954 Convention relating to the status of Stateless Persons: Implementation within the European Union Member States and Recommendations for Harmonisation (October 2003), available at: http://www.unhcr.org/ refworld/docid/415c3cfb4.html. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 85