5.1.6 Citizenship in cases of doubt Where any of the above attempts to access South African citizenship fail, legal practitioners can be relieved to learn that the current citizenship law allows for recognition of citizenship 'in cases of doubt.' According to section 15 of the Act, the Minister may in such cases, subject to his or her discretion, ‘issue to any person in respect of whose South African citizenship there is any doubt, a certificate that he or she is a South African citizen’.118 A certificate issued under this section is intended as conclusive evidence that the person to whom it relates was a South African citizen by birth, descent or naturalisation, as the case may be, at the date of the issue of the certificate, but shall not be deemed to imply any admission that the person to whom it has been issued was not a South African citizen previously. This discretionary tool provides a possibility for persons unable to prove their claim to citizenship through the ordinary channels to achieve effective recognition and access to their nationality. There is no accompanying regulation to this provision and thus it is unclear what documents or burden of proof the applicant must comply with in order to be successful. There is no form or application procedure outlined in the regulations. Lawyers for Human Rights has submitted letters to the Minister on behalf of clients seeking protection under this provision. We have not at the date of publication, received a decision on any of the applications submitted under this provision. We recommend that applications under section 15 be addressed to the Minister of Home Affairs and consist of the following: • • • • • Finding a solution for clients: immigration status and citizenship An exemption for permanent residence under section 31(2)(b) of Immigration Act is the last resort for people who Home Affairs refuses to acknowledge as citizens. Client's personal and family history Basis of client's citizenship claim Client's attempts to access citizenship and reason for the case being one of ‘doubt’ (explanation as to why the client lacks the ordinary proof of citizenship) Outline of the legal framework applicable, particularly focusing on fundamental rights impacted by client's inability to access citizenship Annexures attaching all of the client's documentation (including documents that do not go towards proving citizenship, but that establish his or her credibility in other ways such as proving where s/he grew up) and affidavits from witnesses to his or her personal history. 118 Section 15(1) of the Citizenship Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 83