declared the regulations pertaining to valid identity documentation unconstitutional to the extent that they barred children of undocumented parents from accessing birth registration. The High Court ruled that DHA should only request that valid identity documentation be submitted “where it is available”. The Centre for Child Law (CCL), represented by LHR, was then admitted as an intervening party in the High Court and sought a further order to challenge the constitutionality of the distinction between the birth registration process of children born to married parents versus children born to unmarried parents. It argued that fathers should have an equal right to register their children as mothers, and should be permitted to register their children in instanced where the mother is unable, unavailable or unwilling to do so. The High Court BY BIRTH Sec 2 (1) (b) SACA Child born in or outside SA to SA citizen parent is an SA citizen by birth. Sec 2 (2) SACA Child born in SA who would otherwise be stateless is an SA citizen by birth. ruled in favour of CCL and agreed that Section 10 was unconstitutional to the extent that it discriminated against children born to unmarried parents. The Constitutional Court confirmed the above finding in the judgment of Centre for Child Law v Director-General of Home Affairs CCT101/20 [2-21] ZACC 31. 3.2. CITIZENSHIP STATUS Applicable law: South African Citizenship Act, 88 of 1995 (SACA) The SACA (and its regulations) stipulates who is entitled to South African citizenship and how South African citizenship is acquired. BY DESCENT Sec 2 (3) SACA Child born in SA to permanent resident parent can apply for SA citizenship by birth at 18 years old. BY NATURALISATION Sec 3 SACA Sec 4 (3) SACA Child adopted by SA citizen parent is an SA citizen by descent. Child born in SA to parents with no SA citizenship or permanent residence status (e.g. refugee or asylum seeker parents) can apply for SA citizenship by naturalisation at 18 years old. Sec 5 (4) SACA Child who has permanent residence status in South Africa can apply for SA citizenship by naturalisation. Figure C: Acquisition of Citizenship under the South African Citizenship Act www.lhr.org.za www.savethechildren.org.za | 19