Where acquisition of nationality is not automatic, and a person is required to make an application, such application may be discretionary or non-discretionary in nature. Non-discretionary applications require only that the administrative steps prescribed be followed in order for the applicant to acquire the relevant nationality. The administrative authority receiving the application will have no authority to reject it.15 An example is a person born in South Africa to permanent resident parents – she can acquire South African nationality at age of majority, provided that she lived in the Republic from birth until becoming a major and provided that her birth was registered in accordance with South African law. Once she meets these requirements, the administrative procedure to acquire citizenship is non-discretionary. Defining the concepts 2.11 Discretionary versus non-discretionary applications for citizenship This is in contrast to applications for citizenship by naturalisation, which are discretionary in the sense that the Minister may reject an applicant if he or she feels that the person is not of good moral character, does not speak an official South African language well enough, or for a number of other reasons.16 15 16 UNHCR Definition Guidelines (n 7 above) para 25. See section 5 of the South African Citizenship Act 88 of 1995. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 11

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