22. Section 7(1) of the Citizenship Act allows for the renunciation of citizenship by a South African who “intends to accept the citizenship or nationality of another country”, thereby leaving room for the person to become stateless, if their new nationality does not materialise. Furthermore, according to Section 7(3) of the Act: Whenever a person ceases under subsection (2) to be a South African citizen, his or her minor children who are under the age of 18 years shall also cease to be South African citizens if the other parent of such children is not, or does not remain, a South African citizen. 23. Like section 10, this section too places South African children at risk of statelessness as a result of the actions of their parents, and is at odds with Article 20 of the South African Constitution. 24. In light of the above provisions which are contrary to the principle of the best interests of the child, Article 8 CRC and to South Africa’s obligation to protect the right of every child to a nationality, in particular where he or she would otherwise be stateless, the Committee is urged to ask South Africa what steps it is taking to ensure that children are not deprived of their nationality in any circumstance, including in the event of their parent’s loss, deprivation or renunciation of nationality. Acquisition of citizenship through naturalisation 25. Section 4(3) of the Act provides for citizenship by naturalisation at the age of 18 for children born in South Africa to irregular or undocumented migrants; or those on a visa that does not lead to permanent residence status. At present, there are no regulations in place to guide and monitor the implementation of Section 4(3). Furthermore, as discussed below, the Birth and Deaths Registration Act prevents the registration of the births of children of undocumented or irregular migrants, undermining Section 4(3), particularly in the absence of implementing regulations. The present situation can (and does) therefore lead to children being rendered stateless upon attainment of majority, with no access to any nationality. 26. Furthermore, there is no provision in any South African legislation which facilitates naturalisation of unaccompanied migrant children who are not born in South Africa but are placed in care in South Africa. These children are not registered in SA but stay in child and youth care centres for years and risk statelessness and deportation when they turn 18. The Immigration Act 13 of 2002 currently does not make provision for an immigration status for unaccompanied and separated migrant children (USMCs). This means that a USMC cannot regularise her status in South Africa and therefore can never naturalise regardless of the amount of time spent legally in the South African child protection system. The exemption application in terms of section 31(2)(b) of the Immigration Act10 may be costly (R1,350) and is not known by social workers. 27. - In the context of the lack of implementing and monitoring regulations and the gaps in the law, the Committee is urged to ask South Africa: Does it intend to introduce regulations that address the present gaps in the law? Why is there no provision to facilitate the naturalisation of USMC’s and does the state intend to address this gap in the law? 10 Section 31(2)(b): Upon application, the Minister may under terms and conditions determined by him or her – (b): grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which would justify such a decision: provided that the Minister may – (i) exclude one or more identified foreigners from such categories; and (ii) for good cause, withdraw such rights from a foreigner or category of foreigners; 5