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