war during the 1970s. During that time, many births in the country
went unregistered. Lack of registration during the civil war was
compounded by severe floods which resulted in destruction of
many birth records at the local level. Meanwhile, many
Mozambicans came to South Africa as refugees during the civil war
and as economic migrants after the war.
These factors have had the following impact in South Africa:
many Mozambicans living in South Africa have never had any form
of ID document – neither from Mozambique nor South Africa.
These migrants have had children born in South Africa, whose
births go unregistered due to their parents’ inability to produce any
form of government-issued identification (combined with the fear
that undocumented parents feel when approaching Home Affairs).
What occurs is a snow-ball effect that results in entire families
remaining undocumented and effectively stateless.
In addition, when one looks at Mozambican legislation on
citizenship, it is clear that citizenship is not automatic for those
born abroad. Persons born to citizens outside Mozambique must
actively follow an administrative procedure in order to be
considered Mozambican citizens. According to Article 8 of the 1975
Citizenship Act, they shall be Mozambican nationals ‘provided’:
... they declare on their own behalf if over the age of 18 or through their
legal representatives if below that age, that they wish to be
Mozambican nationals and expressly renounce any other nationality to
which they may be entitled.
As mentioned above, where a person must follow an administrative
procedure in order to access nationality, they do not have such
nationality under the operation of law until they meet
administrative requirements and their application is approved.
Legal Guidance:
1. Any person who was born in South Africa to two Mozambican
parents, who has not complied with the requirement to declare his
wish to be a Mozambican national and to expressly renounce other
nationalities qualifies for South African citizenship under section
2(2). If they wish to eventually apply for Mozambican citizenship,
they may simply renounce South African citizenship as required by
section 8 of the Mozambican Citizenship Act.
2. Any person born in South Africa to one Mozambican parent
and whose other parent cannot pass on their nationality (due to
nationality law, or death, absence or unwillingness of parent to
acknowledge paternity/maternity), similarly qualifies under section
2(2) for citizenship if they have not complied with section 8 of the
Mozambican Citizenship Act.
Such an application of section 2(2) would go a long way towards
preventing statelessness, particularly among second and third
92
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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