2020 Statelessness & Citizenship Review 2(1) view that every child is entitled to a nationality. 49 If a child has to wait until the age of majority to have a nationality, he or she is by definition, no longer a child. A helpful step forward would have been for the Court to refer to the order of the Supreme Court of Appeal in Minister of Home Affairs v DGLR and to press for regulations to allow stateless individuals to apply for citizenship under s 2(2) of the SACA. 50 A future case on the lawfulness of s 2(3) of the SACA will hopefully cause the Court to consider the interplay between ss 2(2) and 2(3) and whether the Home Affairs Department can continue to ignore the need for regulations giving full effect to s 2(2) of the SACA. 51 Without such regulations, Gaddiel is left without an effective remedy until the year 2035, unless he engages in further litigation. 49 50 51 SACA (n 1); Constitution (n 15); CRC (n 38); African Charter (n 40); General Comment (n 41); ACERWC’s Decision (n 41). DLGR (n 48) SACA (n 1). 184

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