19 9. Meaning of citizenship by birth under section 2(1)(b) of the amended South African Citizenship Act. Yamikani Vusi Chisuse & 4 others v Director-General, Department of Home Affairs & another Case CCT 155 of 2019 Constitutional Court of South Africa Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, Tshiqi J and Victor AJ July 22, 2020 A citizen by birth was one who is born to atleast one South African parent. Summary of facts All the five applicants stated that they were born outside South Africa with at least one of their parents being a South African citizen. The High Court accepted that all the applicants, except the 2nd applicant, had at least one parent that was a South African citizen at the time they were born. At the High Court, the applicants wanted section 2(1)(a) of the amended Citizenship Act to be declared unconstitutional and invalid to the extent that it failed to recognise citizenship acquired by descent prior to the date of commencement of the South African Citizenship Amendment Act 17 of 2010 (2010 Amendment), January 1, 2013, and that the defect be remedied by reading the words “or by descent” into section 2(1)(a). They also wanted section 2(1)(b) of the amended Citizenship Act to be declared unconstitutional and invalid to the extent that it only applied prospectively to persons born after January 1, 2013 and that the defect be remedied by reading the words “or was” into section 2(1)(b). The High Court granted the orders of constitutional invalidity of the challenged statutory provisions and also granted the applicants, with the exception of the 2nd applicant, a declaration that they were citizens of South Africa and directed the 1st respondent to register their births, enter their details into the population register, assign them South African identity numbers and give them South African identity documents and/or identity cards as well as birth certificates. Under section 167(5) of the South African Constitution, confirmation proceedings were filed at the Constitutional Court of South Africa. The court was to confirm the High Court’s findings on constitutional invalidity of the challenged statutory provisions. The applicants challenged the 2010 amendments to the Citizenship Act, which took effect on January 1, 2013, and stated that they had the effect of depriving them of their citizenship rights. The applicants stated that the amendments did not allow certain categories of CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST

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