citizens and which rights can be used to protect clients depending
on their situation.
3.2.2 South African Citizenship Act 88 of 1995
The South African Citizenship Act 88 of 1995 (the Citizenship Act
or the South African Citizenship Act), governs the acquisition and
loss of South African citizenship.
South African citizenship by birth is accessible through this Act to
persons born on the territory to a citizen25 or to permanent
residents;26 persons born abroad to a South African citizen; 27 and
people born on the territory without access to any other
nationality.28
Citizenship by descent is given to children adopted by South
African citizens29 (who, presumably, did not have South African
citizenship status at the time of adoption).
The Act also allows for naturalisation30 for persons who have
lived and/or worked in the territory for a certain period of time, for
example as spouses of citizens and as permanent residents.
It is interesting to note that certain citizens must first register
their birth ‘in accordance with the Births and Deaths Registration
Act’ 51 of 1992 (the Births and Deaths Registration Act) in order to
access citizenship – namely:
(1) those born on the territory who are stateless,31
(2) those born on the territory, to parents admitted for permanent
residence, who live in the Republic until age 18,32
(3) those adopted by a South African citizen,33 and
(4) those born on the territory to parents not admitted to the Republic
for permanent residence who live in the Republic until age 18.34
A person born in or outside South Africa to a South African parent
now does not need to register his or her birth in order for
citizenship to be granted by operation of law. Previously, birth
25
26
27
28
29
30
31
32
33
34
22
Section 2(1)(b) of the South African Citizenship Act 88 of 1995 (the Citizenship
Act).
Note that in 2010 amendments to the Citizenship Act, a child of permanent
resident must wait until age 18 to access South African citizenship, provided he
or she can show that he or she resided in South Africa from birth until majority.
Section 2(1)(b) of the Citizenship Act. Note that in 2010 amendments to the
Citizenship Act, persons born outside South Africa to citizens are now citizens
by birth, whereas under previous law such persons were citizens by descent.
Section 2(2) of the Citizenship Act.
Section 3 of the Citizenship Act.
See Section 5 of the Citizenship Act generally.
Section 2(2) of the Citizenship Act.
Section 2(3) of the Citizenship Act.
Section 3 of the Citizenship Act
Section 4(3) of the Citizenship Act.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide