Rudzani - Age 9 Rudzani was born in Johannesburg to a Congolese mother. Although Rudzani’s mother registered his birth with the South African authorities, she did not report his birth to the Congolese embassy. Shortly after his birth she abandoned Rudzani without having ensured that he had either Congolese or South African citizenship. Foreign children are issued with birth certificates, but this does not give them South African citizenship. Because of his mother’s disappearance, he is unable to prove his link to the DRC in order to obtain citizenship. The Department of Home Affairs will not allow him to apply for naturalisation in South Africa, because he was born before 2013, when the provision was first enacted to allow children like him to apply for citizenship. Although Rudzani has been able to attend primary school using his birth certificate, he will not be able to formally pass his final year in school without a valid identity document. He will not be able to study at a university for as long as he is stateless. Problem: Section 4(3) of the South African Citizenship Act allows a child born in South Africa to parents with no citizenship or permanent status to apply for South African citizenship, but only once the child becomes an adult at age 18 and the birth is registered. This means that such a child will remain stateless until he is an adult and even then the application is subject to the discretion of the Minister. Application of Nkateko - Age 6 this section is currently limited to children born after the provision was enacted in 2013, meaning it currently excludes Rudzani who was born in 2007. In addition, there is no form to allow children to apply for this status. Solution: The Department of Home Affairs should amend their restrictive policy so that section 4(3) applies to all otherwise stateless children born before 2013. Further, in line with the Committee recommendation that States Parties expeditious grant nationality to all children born in their territory,5 stateless children should not have to wait until they turn 18 to apply for South African nationality. Lastly, the Minister of Home Affairs should enact a regulation to clarify the application of the provision of South African nationality to all children, regardless of the parents’ nationality or legal status, as well as provide a form to facilitate the application process. Nkateko was born in South Africa. His mother is undocumented but has a claim to South African citizenship. His father is a South African citizen with a valid identity document. Nkateko has a claim to South African citizenship, because of his South African father. However, the Birth and Deaths Registration Act does not allow children to be registered if their mothers are undocumented. It further bars single fathers from registering their children without the mother giving her consent and providing her documents. Nkateko is now 6 years old and has started school, but could only be provisionally registered because he has no birth certificate. If he does not produce a birth certificate soon, he will not be able to return to school. For as long as his South African citizenship remains unrecognised, he is stateless. Problem: Regulation 3, 4 and 5 of the BDRA require a child’s parents to produce a valid identity document or passport with a valid “I want a birth certificate so I can go to school” permit in order to register a child’s birth. Regulation 12 of the BDRA allows only mothers to register the births of children born out of wedlock even if the father is documented. This leaves the children of all undocumented mothers undocumented and at risk of statelessness. Solution: Regulations 3, 4, 5 and 12 of the BDRA should be amended to allow children of undocumented mothers to be registered and to allow single fathers to register the births of their children where the mother is unavailable, unwilling or undocumented. The Committee requires States Parties to guarantee that all children born in the country are registered at birth regardless of their parents’ citizenship status and/or country of origin.6 The Committee also stresses the need for states to review discriminatory legislation on birth registration.