Where acquisition of nationality is not automatic, and a person is
required to make an application, such application may be
discretionary or non-discretionary in nature.
Non-discretionary
applications
require
only
that
the
administrative steps prescribed be followed in order for the
applicant to acquire the relevant nationality. The administrative
authority receiving the application will have no authority to reject
it.15 An example is a person born in South Africa to permanent
resident parents – she can acquire South African nationality at age
of majority, provided that she lived in the Republic from birth until
becoming a major and provided that her birth was registered in
accordance with South African law. Once she meets these
requirements, the administrative procedure to acquire citizenship is
non-discretionary.
Defining the concepts
2.11 Discretionary versus non-discretionary
applications for citizenship
This is in contrast to applications for citizenship by naturalisation,
which are discretionary in the sense that the Minister may reject an
applicant if he or she feels that the person is not of good moral
character, does not speak an official South African language well
enough, or for a number of other reasons.16
15
16
UNHCR Definition Guidelines (n 7 above) para 25.
See section 5 of the South African Citizenship Act 88 of 1995.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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