3.2.3. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY BIRTH (C) Section 2(3) of SACA provides that a child born in South Africa to a permanent resident parent can apply for South African citizenship by birth at 18 years old. The SACA has been amended several times over the years, the most recent being the 2010 amendment (effective from 2013). Prior to the 2010 amendment, children born in South Africa to permanent residents’ parents qualified for citizenship at birth. However, following the amendment, children born in South African to permanent residents’ parents only become eligible for citizenship at 18 years old. Note: before the child turns 18 years old, they can apply for permanent residence status based on their parents’ status under Sec 26(c) or 27(g) of the Immigration Act. It is advisable to apply soon after the child’s birth is registered to ensure that the child is documented and has legal status in the interim. Requirements: 1. 2. 3. 4. born in South Africa; one or both parents have permanent residence status in South Africa at the time the child is born; birth registration and birth certificate; or the child has lived in South Africa from date of birth to the date of turning 18 years old. Process: 1. 2. 3. conduct birth registration process at DHA (note the relevant process for children of permanent residents); submit an application for citizenship on affidavit at DHA attaching documentary evidence, e.g., birth certificate, baptismal certificate, school records, testimonials, or parents’ permanent residents permits; and alternatively, compile all relevant documentation and refer the case to a lawyer. amended SACA: Mr and Mrs Mulowayi were refugees from the Democratic Republic of Congo who arrived in South Africa around 2002. In 2011 they were granted permanent residence status. They had three children, all born in South Africa after 2011 and after being granted permanent residency. The two older children were recognised as South African citizens by birth because of the previous version of SACA that automatically granted citizenship at birth to children of permanent residents born in South Africa. SACA was amended in 2010 (effective from 2013) to state that children of permanent residents born in South Africa only become eligible for citizenship upon becoming a major at 18 years old. This meant the family’s youngest child born in 2017 did not automatically qualify for citizenship at birth like his siblings, and he would only qualify for citizenship at 18 years old. 3.2.4. SOUTH AFRICAN CITIZENSHIP: CITIZENSHIP BY DESCENT Section 3 of SACA provides that a child adopted by a South African citizen parent is a South African citizen of descent. An adopted child is regarded as the biological child of the adoptive parents and must therefore be entitled to obtain the citizenship of their adoptive parents. If the child’s birth has not been registered at the time of adoption, then birth registration must be conducted by the adoptive parents. If the child’s birth has already been registered at the time of adoption, then the adoptive parents must apply to record the adoption on the birth register. The adoptive parents can also conduct the relevant process to change the ID number and surname of the child, if necessary. Requirements: 1. 2. 3. the adoptive parent(s) is South African citizens; Children’s Court adoption order; and birth registration and birth certificate. Case law: Process: Mulowayi v Minister of Home Affairs (2019) ZACC 01 - children born in South Africa to parents who are not South African citizens but who are permanent residents in South Africa at the time of the child’s birth - qualify for citizenship when they reach 18 years old under latest 1. 22 | 2. conduct adoption process in terms of the Children’s Act and obtain Children’s Court adoption order; conduct birth registration process at DHA (note the relevant process for registration by